Future judicial cooperation between the EU & UK: Assessing the implication of a “Hard Brexit” for judicial cooperation in civil and commercial matters.
The EU-UK Trade and Cooperation Agreement (the "TCA") concluded on Christmas Eve, 2020 is silent with respect to judicial cooperation in civil and commercial matters (as opposed to cooperation in criminal matters). Consequently, as from 1st January, 2021 the UK is treated as a third state with respect to the application of a number of significant EU legislation regulating matters of cross-border judicial cooperation (e.g. the rules governing the recognition and enforcement of court judgements or the choice of jurisdiction and applicable law clauses). Given the regularity with which an English law clause, usually supported by a choice of English…
Simon Pullicino8th February 2021