Legal News

Brexit considerations and potential implications for Scottish civil litigation

Published on: 09 October 2020
Published by: LexisPSL
  • Brexit considerations and potential implications for Scottish civil litigation
  • Choice of law
  • Jurisdiction and enforcement of judgments
  • Arbitration
  • Forum non conveniens and anti-suit injunctions
  • The future—forum shopping?

Article summary

Dispute Resolution analysis: In terms of the European Union (Withdrawal) Act 2018 (EU(W)A 2018) and the European Union (Withdrawal Agreement) Act 2020, the UK left the EU on 1 February 2020 and entered a transition period (during which most existing rules of membership remain operative) which will last until 31 December 2020. As at that date the provisions of the EU(W)A 2018 will become fully effective and the UK will leave the European Single Market and the Customs Union. However, as at the time of writing, it is not clear exactly what will constitute the relationship of the UK and the EU at that point. Negotiations are ongoing on a new partnership. Ultimately, whatever happens in these negotiations, the relationship between the UK and the EU will be very different from that currently in place. Possibilities range from a no deal Brexit at one extreme to a ‘soft’ Brexit, maintaining many existing rules, at the other. Tim Edward, partner and head of the Dentons Commercial Dispute Resolution practice in Scotland, considers the range of possibilities insofar as relevant to Scottish dispute resolution (DR) practitioners. or take a trial to read the full analysis.

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