No deal Brexit—jurisdiction (UK and the Lugano Convention)
No deal Brexit—jurisdiction (UK and the Lugano Convention)

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

  • No deal Brexit—jurisdiction (UK and the Lugano Convention)
  • Impact of Brexit—general
  • UK court—defendant domiciled in Iceland, Norway or Switzerland
  • UK court—jurisdiction agreement/choice of court agreement
  • UK court—parallel proceedings in Iceland, Norway or Switzerland

This Practice Note has been produced in partnership with Guy Pendell, Liz Williams and Kushal Gandhi of CMS.

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 those European Free Trade Association (EFTA) States that are signatories to the Lugano Convention 2007, ie Iceland, Norway and Switzerland—Liechtenstein, the fourth EFTA State, opted out of the convention.

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

For an understanding of the application and scope of the Lugano Convention 2007, see Practice Note: Lugano Convention 2007—general provisions in relation to jurisdiction, including in particular main sections:

  1. When the Lugano Convention 2007 applies

  2. Scope

For further guidance on relevant provisions of the Lugano Convention 2007, see Practice Notes: Lugano Convention 2007—jurisdiction agreements and entering an appearance, Lugano Convention 2007—special and exclusive jurisdiction and Lugano Convention 2007—multiple proceedings.

The key UK regulations dealing with the implications of a no deal Brexit on jurisdiction are The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019, SI 2019/479, although The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018, SI 2018/1124 are also relevant.

The Practice Note focuses on what happens where one or more of the following key elements exists: