Author: Leigh Callaway
Leigh Callaway, Senior Associate, Fladgate LLP (firstname.lastname@example.org)
Gerald Brent, Trainee Solicitor, Fladgate LLP (email@example.com)
Last month the Law Society published guidance (found here) for solicitors, concerning civil and commercial cooperation between the UK and EU member states in the event of a “no deal” Brexit.
In short, in the event that the UK exits the EU’s institutional structures immediately/without a transition period, cooperation between the legal regimes of the UK and EU will cease and the applicable legal cooperation regime, such as the Brussels I Regulation etc., will no longer apply. Practitioners should therefore be mindful of the following:
Perhaps the most important practical point to take from the guidance is that in a “no-deal” Brexit there would be marked uncertainty for parties to cross-border disputes. Legal advice should be taken, therefore, as to the implications of this scenario on a particular case.
Further down the timeline, because the national law of each EU/EEA state determines whether a foreign judgment is recognised and enforceable in that jurisdiction, there would be a question hanging over the enforceability of English judgments in the future, particularly where some EU member states simply do not presently have in place rules to recognise such foreign judgments.
On Tuesday 11 December, the House of Commons will vote on the government’s motion to approve the EU withdrawal agreement and its accompanying political declaration.
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