Implications for UK-related insurance disputes in the event of a no deal Brexit
Produced in partnership with Carol-Ann Burton, Damian Honey and Francis Walters of HFW LLP
Implications for UK-related insurance disputes in the event of a no deal Brexit

The following Insurance & Reinsurance guidance note Produced in partnership with Carol-Ann Burton, Damian Honey and Francis Walters of HFW LLP provides comprehensive and up to date legal information covering:

  • Implications for UK-related insurance disputes in the event of a no deal Brexit
  • Application of Brussels I (recast) to insurance disputes
  • Implications of no deal Brexit for insurance disputes

A central part of the EU regime on jurisdiction is Regulation (EU) 1215/2012 of the European Parliament and of the Council of 12 December 2012 (Brussels I (recast)) which applies in all EU Member States.

The basic principle of Regulation (EU) 1215/2012, Brussels I (recast) is that defendants are to be sued in their domicile. There are exceptions to this principle for ‘matters relating to insurance’, which are designed to protect the position of the insured in a dispute.

If the UK leaves the EU without a deal, unlike much of EU law, Regulation (EU) 1215/2012, Brussels I (recast) will not be retained in UK law by the European Union (Withdrawal) Act 2018 (EU(W)A 2018), but will instead be revoked by the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019, SI 2019/479 and the protections afforded to insureds will therefore fall away.

Application of Brussels I (recast) to insurance disputes

Brussels I (recast) contains a series of provisions specific to ‘matters relating to insurance’ such that actions brought by an insurer against its insured should be brought where the insured is domiciled, and that an insured who wants to bring an action against its insurer has a degree of freedom over where it can bring the action.

The provisions are intended to protect the weaker party, usually the insured. Their scope does