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

civil and commercial legal cases: guidance for Cross-border civil and commercial legal cases: guidance for

Article 66 of the Withdrawal Agreement provides that, in EU member states (in cases involving the UK):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 I confirm I am a lawyer or work in a legal capacity, intend to use LexisNexis products for business purposes and agree with the terms and conditions. ** 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 ]

Civil Jurisdiction and Judgments Act 1982 | Practical Law

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 for non-contractual obligations, Regulation (EC) No 864/2007 (the Rome II Regulation) applies to events giving rise to damage which occurs after 11 January 2009. the ESCP Regulation still applies to small claims procedures for which the application was lodged before the end of the transition period. The treatment of transitional cases (where proceedings commenced before the end of the transition period) is governed by: Can a lawyer qualified in Scotland be the ‘relevant independent adviser’ for the purposes of a settlementfor 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); These rules apply to proceedings instituted on or after 1 January 2021 and they replace Brussels I (recast) and the Lugano Convention which applied in respect of proceedings instituted before the end of the Brexit transition period.

Schedule 4, Civil Jurisdiction and Judgments Act 1982

Both Article 67 (and 69) and regulation 92 provide that courts in England and Wales will continue to apply the relevant EU rules on jurisdiction and recognition and enforcement of judgments which applied immediately before the end of the transition period (e.g. as appropriate, those of Brussels Ia and the Lugano Convention) to cases where the proceedings were commenced before the end of the transition period. Article 67 (and 69) and regulation 92 also provide that courts in England and Wales will continue to apply the EU rules on recognition and enforcement which applied immediately before the end of the transition period (e.g. those of Brussels Ia and Lugano respectively) where the parties have concluded a court settlement, or formally drawn up or registered an “authentic instrument”, before the end of the transition period, and recognition and enforcement is sought after that date in England or Wales.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 The EU rules governing applicable law in civil and commercial cases in the UK and EU member states before the end of the transition period can be found in the following EU instruments and agreements: