EU guidance on “no-deal” Brexit suggests increased risk Hague Convention on Choice of Court Agreements won’t apply to exclusive English jurisdiction clauses agreed pre-Brexit

The post below was first published on our Litigation blog As we have previously noted, there is some uncertainty over whether, following a “no-deal” Brexit, EU27 countries will apply the 2005 Hague Convention on Choice of Court Agreements where an exclusive English jurisdiction clause was agreed before exit day. This is sometimes referred to as … Read more

UK suspends accession to Hague Choice of Court Convention

The post below was first published on our Litigation blog On Friday last week (29 March 2019), the depositary for the 2005 Hague Convention on Choice of Court Agreements issued a notice communicating that the UK’s accession to the Convention is suspended until 13 April or 23 May 2019, depending on the date of the … Read more

New decision tree on enforcement of English judgments in the EU27 post-Brexit

The post below was first published on our Litigation blog Amidst the ongoing uncertainties in relation to both the nature and timing of Brexit, we have published a new decision tree on enforcement of English judgments in the EU27 post-Brexit. It is intended to act as a quick reference guide to help determine which rules will … Read more

Draft Civil Procedure Rule changes in the event of a no deal Brexit

The post below was first published on our Litigation blog The government has published a draft statutory instrument, the Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, which makes amendments to the CPR that are consequential on the various other civil justice measures that are to be implemented in the event of a no deal Brexit. … Read more

Application of the Brussels regime post-Brexit

The post below was first published on our Litigation blog The government has published a draft statutory instrument addressing, among other things, the question of how the UK courts will, post-Brexit, treat questions of jurisdiction involving EU member states and the enforcement of judgments given by EU member state courts, assuming that the UK leaves the … Read more

11 weeks to Brexit: updated Brexit Legal Guide

Without an intervening event, the UK will withdraw from the EU at 11pm on 29 March 2019.   Otherwise much remains unknown. The negotiated withdrawal deal comprising a legally binding Withdrawal Agreement and non-binding Political Declaration is facing significant opposition in the UK and will not be submitted for parliamentary approval until next week. Without a … Read more