Lugano Convention 2007—application to the UK post IP completion day (enforcement)
Lugano Convention 2007—application to the UK post IP completion day (enforcement)

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Lugano Convention 2007—application to the UK post IP completion day (enforcement)
  • Definitions
  • Application of the Lugano Convention 2007 to the UK post IP completion day—general
  • Application of the Lugano Convention 2007 to the UK post IP completion day—UK legislation
  • The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019, SI 2019/479—proceedings commenced on or before 31 December 2020
  • The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019, SI 2019/479—proceedings commenced on or after 1 January 2021
  • The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, SI 2019/521—associated CPR changes
  • Application of the Lugano Convention 2007 to the UK post IP completion day by EFTA states

The contracting parties to the convention are the EU, Denmark and relevant EFTA States, being Iceland, Norway and Switzerland. This Practice Note considers the impact of the UK leaving the EU on the application of the Lugano Convention 2007 to the recognition and enforcement of judgments. Prior to 31 December 2020 at 11 pm, the convention applied between the UK and Iceland, Norway and Switzerland. It did not apply between the UK and EU Member States and Denmark as the EU regulations or specific agreements applied in such cases.

The UK courts will continue to apply the Lugano Convention in cases in which the proceedings were commenced on or before 31 December 2020 at 11 pm. This is dealt with by relevant domestic legislation, which includes transitional provisions.

It is important to be aware that there are other enforcement regimes that are impacted by the UK leaving the EU. For guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners—Recognition and enforcement of judgments.

Definitions

This Practice Note using a number of definitions:

  1. European Communities Act 1972—ECA 1972

  2. European Union (Withdrawal) Act 2018—EU(W)A 2018

  3. European Union (Withdrawal Agreement) Act 2020—EU(WA)A 2020

  4. exit day—is defined in EU(W)A 2018, s 20, as 31 January 2020 at 11 pm

  5. implementation period—is defined in EU(WA)A 2020, s 1 as the ‘transition or implementation period provided for by Part 4 of

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