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

The following Insurance & Reinsurance practice note produced in partnership with Francis Walters of HFW, Carol-Ann Burton of HFW and Damian Honey of HFW 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

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see: Brexit—Insurance & Reinsurance—overview.

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

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