On 1 January 2021 both Brussels Ia Regulation and Lugano Convention have ceased to be applicable in the UK. While the Brussels Ia Regulation is lost to the UK, there is still the possibility of acceding the Lugano Convention. The UK has deposited its request of accession on 8 April last year, with Norway and Switzerland giving their consent; now the ball is in the European Commission’s court, which must give an answer within a year of the UK’s request.
But while we wait with bated breath for the European Commission’s verdict, what to do if we need to enforce a UK judgment in an EU/EEA country, or enforce an EU/EEA country’s judgment in UK? The answer is: national law. Every country has different rules on recognition and enforcement of foreign judgments, and these will need to be checked out to make sure the proper procedure is applied.
For enforcement in the UK, the CCBE UK delegation produced a handy guide. Recognition and enforcement of judgments is not the only aspect of cross-border litigation which is affected by the end of the transition period. If you would like information on rules of jurisdiction, choice of court agreements, taking of evidence and service of documents, please check the Law Society of England and Wales’ guide.
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