Revisiting the UK’s post-Brexit civil and commercial justice landscape
With the HJC 2019 now in force, where are we with applicable law, jurisdiction and the recognition of judgments in the UK?
One of the consequences of the UK transitioning out of the EU at the end of 2020 included that important EU civil justice instruments ceased to apply, to varying degrees, in and to the UK. The main consequences were on the potential impact on the enforceability of English judgments in the EU (and Switzerland, Iceland and Norway). In the passage of time, things have shifted again; particularly with the recent advent of the Hague Judgments Convention 2019 (HJC).
In the light of the HJC now being in force between the UK and the EU (excluding Denmark) it is an apt time to, once again, take stock of where things are. In the attached briefing, we take a high-level look at the lie of the land as it now stands (including a general look at the implications for English governing law and jurisdiction clauses).
