No deal Brexit—jurisdiction (UK and the Brussels regime)
No deal Brexit—jurisdiction (UK and the Brussels regime)

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

  • No deal Brexit—jurisdiction (UK and the Brussels regime)
  • What is the Brussels regime?
  • UK regulations
  • Impact of Brexit—general
  • UK court—proceedings with a defendant domiciled in an EU Member State—general
  • UK court—jurisdiction agreement/choice of court agreement
  • UK court—parallel proceedings in an EU Member State

STOP PRESS: This Practice Note is under review to consider the impact of the UK and the EU entering into the Withdrawal Agreement. The Withdrawal Agreement provides for a transition or implementation period commencing on 31 January 2020. For guidance on the implications for jurisdiction during this period, see Practice Note: Brexit implementation period—jurisdiction.

This Practice Note covers the situation where the UK and the EU do not reach an agreement on jurisdictional matters following the UK leaving the EU. During the implementation period that starts on exit day ie the day the UK leaves the EU, the provisions in the withdrawal agreement will apply. For guidance on the implementation period and the impact of the withdrawal agreement on jurisdiction, see Practice Note: Brexit implementation period—jurisdiction.

This Practice Note considers the effect of the UK leaving the EU on exit day without a deal on jurisdictional matters in UK court proceedings involving EU Member States.

Exit day is defined by section 20 of the European Union (Withdrawal) Act 2018 as amended.

This Practice Note focuses on which court has jurisdiction where one or more of the following key elements exists:

  1. a defendant is domiciled in an EU Member State

  2. there is a jurisdiction agreement (also known as a choice of court agreement) between the parties in favour of either a UK court or