The Lugano Convention is key for individuals and small businesses who are expected to "be among the worst casualties" if the UK is excluded from it after the end of the Brexit transition period.
The UK Government has already stated it wants to re-sign the agreement later in 2021, so organisations such as The Law Societies of England and Wales, of Scotland and of Northern Ireland, the City of London Corporation, British Retail Consortium, British Chamber of Commerce EU and Belgium, Which? and Chambers of Ireland are looking for a similar commitment from the EU to offer some certainty.
Russell-Cooke associate Jemma Pollock warns in ePrivateClient that being excluded from the convention would not only be an issue for commercial courts but also for family courts. However, while re-joining the convention would offer certainty, it would not be without its controversies, particularly surrounding lis pendens provisions.
Family lawyers concerned about 'fundamental changes' post-Brexit is available to read on the ePrivateClient website via subscription.
Jemma is a senior associate solicitor in the family team.
Jemma advises clients on a broad range of family matters including divorce and financial matters following separation and pre and post-nuptial agreements. She has significant experience of cohabitation and property disputes between both separating couples and family members, as well as in private law children matters including international relocation cases. Jemma is a Resolution Accredited Specialist in cases involving complex financial remedies upon separation and financial provision for children. Her experience includes working not only for couples who are married or cohabiting, but also for wider family members, business partners and joint property owners.