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

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

  • No deal Brexit—jurisdiction (UK and the Brussels regime) [Archived]
  • What is the Brussels regime?
  • UK regulations
  • Impact of Brexit—general
  • General
  • Consumer and employee disputes
  • Insurance disputes
  • 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

ARCHIVED: This Practice Note has been archived and is not maintained.

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 [Archived].

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 a court of the remaining 27 EU Member States, and/or

  3. there are parallel or related proceedings brought in the courts of the remaining 27 EU Member States

Post exit day, the courts of England and Wales will consider whether they have jurisdiction in cases involving EU Member

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