Jurisdiction EU
Produced in partnership with David Salter, deputy High Court judge and Recorder
Jurisdiction EU

The following Family practice note produced in partnership with David Salter, deputy High Court judge and Recorder provides comprehensive and up to date legal information covering:

  • Jurisdiction EU
  • Impact of Brexit
  • Transitional provisions
  • Jurisdiction in the EU from 1 January 2021
  • Brussels I Regulation
  • Brussels II bis
  • EU Maintenance Regulation

11pm (GMT) on 31 December 2020 marked 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 came to an end and significant changes took effect across the UK’s legal regime. This has implications for practitioners considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Notes: Brexit and family law, What does IP completion day mean for family law? and Brexit—jurisdiction and family proceedings.

For guidance on proceedings in non-EU countries, including the UK post 1 January 2021, see Practice Note: Jurisdiction in non-EU cases.

Impact of Brexit

As of 31 January 2020, the UK ceased to be an EU Member State and no longer participated in the political institutions and governance structures of the EU. However, in accordance with the transitional arrangements provided in Part 4 of the Withdrawal Agreement of October 2019, exit day marked the commencement of an 11-month implementation period during which the UK continued to be treated by the EU as a Member State for many purposes. See Practice Note: Brexit—introduction to the Withdrawal Agreement.

The implementation period ran from 11 pm on 31 January 2020 (exit day) until 11 pm on 31 December 2020 (IP completion day). During this period, the UK was obliged to

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