Civil Jurisdiction and Judgments Act 1982 (UK)

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for cases under the Lugano Convention, regulation 92 of the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019.

On 8 April 2020, the Government applied for the UK to rejoin the Lugano Convention as an independent contracting state. It is now waiting for the other contracting parties to decide whether to agree to the UK joining the Convention. This guidance will be updated if the UK is able to rejoin this Convention with details of what this will mean for jurisdiction and the recognition and enforcement of judgments in cases to which the Convention applies and confirmation of the date from which this will be effective. 2. Special European procedures the Rome 1 Regulation continues to apply in respect of contracts concluded from 17 December 2009 (including after the end of the transition period); and for contractual obligations, Regulation (EC) No 593/2009 (the Rome I Regulation) applies to contracts entered into from 17 December 2009; the 1980 Rome Convention on the law applicable to contractual obligations applies to contracts entered into between 1 April 1991 and 16 December 2009); Legislation dealing with the “Rome” rules on applicable law is contained in the following statutory instrument: The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations (SI 2019/834). This instrument amended the Rome I and Rome II Regulations as retained by the EU Withdrawal Act 2018 so that they operate effectively as domestic law and made amendments to other related legislation.the Rome 2 Regulation applies in respect of events giving rise to damage, where such events occurred on or after 11 January 2009 (including after the end of the transition period). Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc) (EU Exit) Regulations 2019 (SI 2019/834) which was also amended by SI 2020/1574 The treatment of transitional cases by EU member state courts is governed by Title VI, Part 3 of the Withdrawal Agreement. Note that the following have been amended with effect from 11pm on 31 December 2020 to ensure in particular that their provisions are consistent with Title VI of the Withdrawal Agreement.

for cases under the Brussels 1a Regulation and its predecessors and the EU-Denmark Agreement, Articles 67 and 69 of the Withdrawal Agreement Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (SI 2019/479), which was amended by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (SI 2020/1574) For claims initiated after the end of the transition period, involving an exclusive choice of court agreement entered into from 1 October 2015, in which the chosen court is established in a contracting party to that Convention (which includes all EU member states), the rules of the Hague Convention 2005 on Choice of Court Agreements) apply.

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Sime, Stuart (2008). A Practical Approach to Civil Procedure. Oxford: Oxford University Press. pp.135, 153. ISBN 978-0-19-954253-6. External links [ edit ] Both Article 67 and regulation 92 include judgments delivered, whether before or after the end of the transition period, by a court in the UK or an EU member state in proceedings commenced before the end of the transition period, but which have not been enforced in an EU member state or the United Kingdom respectively before the end of the transition period. Exclusive choice of court agreements entered into from 1 October 2015 which choose a UK court or the court of an EU member state for the resolution of disputes, will continue to be subject to the terms of the 2005 Hague Convention on Choice of Court Agreements. New cases in England and Wales