Q&As

To what extent are UK courts and tribunals bound by domestic and EU case law on Brussels I (recast) decided before/after IP completion day? If not bound, in what circumstances may they still have regard to it?

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Published on LexisPSL on 14/12/2020

The following Public Law Q&A provides comprehensive and up to date legal information covering:

  • To what extent are UK courts and tribunals bound by domestic and EU case law on Brussels I (recast) decided before/after IP completion day? If not bound, in what circumstances may they still have regard to it?

To what extent are UK courts and tribunals bound by domestic and EU case law on Brussels I (recast) decided before/after IP completion day? If not bound, in what circumstances may they still have regard to it?

This Q&A is intended as a guide to the functioning of retained EU law, rather than the specifics of Regulation (EU) 1215/2012 (Brussels I (recast)) and the Lugano Convention. There are transitional provisions which are relevant to the application of Brussels I (Recast) in this context under the EU-UK Withdrawal Agreement (see Article 67). It is also possible that the terms of any future relationship between the UK and the EU may have some bearing on the position in relation to Brussels I (recast) and the Lugano Convention. Again, this response does not deal with that aspect, but focuses instead on retained EU law.

Section 3 of the European Union (Withdrawal) Act 2018 (EU(W)A 2018) makes provision for EU regulations such as Brussels I (recast) to be saved in domestic law after IP completion day (subject to certain conditions and caveats). However, many EU regulations will contain reciprocal rights and obligations which no longer function in a situation where the UK is no longer an EU Member State. In those circumstances the deficiencies-correcting power in EU(W)A 2018, s 8 can be used to remove those rights and obligations from

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