How far can UK courts depart from EU case law?

On 31 December 2020, when the transition period provided for in the Withdrawal Agreement between the EU and the UK comes to an end, EU law will cease to apply in the UK. However, large parts of the law currently applicable in the UK which is derived from EU law or is directly effective EU … Read more

Commercial litigation podcast series – Episode 5: General update

In this fifth episode of our series of commercial litigation update podcasts, we briefly outline the state of play for Brexit as it affects litigation in the English courts. We also look at some developments since our last update relating to the disclosure pilot, witness evidence reform and remote hearings, and finally we look at … Read more

European Commission’s Notice to Stakeholders confirms its view Hague Choice of Court Convention will apply to exclusive English jurisdiction clauses only if they are entered into after Brexit transition period ends

On 27 August 2020, the European Commission published a Notice to Stakeholders setting out the rules that, in the Commission’s view, will apply in the field of civil justice and private international law once the Brexit transition period comes to an end on 31 December 2020 – assuming no other agreement is reached. At that … Read more

High Court holds claim against anchor defendant must satisfy merits test if it is to be used to establish jurisdiction against co-defendants under recast Brussels Regulation

The High Court has held that the English court will only have jurisdiction against a co-defendant under article 8(1) of the recast Brussels Regulation where a merits test against the anchor defendant has been satisfied: Senior Taxi Aereo Executivo Ltda v Agusta Westland S.p.A [2020] EWHC 1348 (Comm). In doing so, it largely followed obiter … Read more

Video published – Brexit: choosing a jurisdiction clause during the transition period

Anna Pertoldi has published a video for Practical Law in which she discusses the issues to consider when choosing a jurisdiction clause during the Brexit transition period. The video considers the advantages and disadvantages of exclusive, asymmetric and non-exclusive jurisdiction clauses during the transition period, as well as other possible clauses and the key points … Read more

UK applies to join Lugano Convention from end of Brexit implementation period

On 8 April 2020, the UK submitted its application to accede to the 2007 Lugano Convention on jurisdiction and the recognition and enforcement of judgments, in accordance with the UK government’s previous statements of intention. Lugano currently applies as between the EU (including the UK, until the Brexit transition period comes to an end – … Read more