On 24 December 2020, just seven days before the Brexit transition period ended, the UK and EU reached a Trade and Cooperation Agreement. However, there was no agreement on civil and commercial judicial cooperation.
In cases with a European dimension, Brexit has affected applicable law, jurisdiction and cross-border recognition and enforcement of judgments. Effectively, the UK has lost many of the civil judicial cooperation benefits which it enjoyed as a member of the EU.
In some cases, there is likely to be an increased risk of disputes around jurisdiction and a more complex and lengthy process for the enforcement of judgments from EU member states and EFTA states in the UK, and vice versa.
Russell-Cooke associate Lauren Cormack examines in Solicitors Journal the pre-Brexit framework, the current position and how things might progress over the coming years.
Civil judicial co-operation after Brexit is free to read on the Solicitors Journal website.
Lauren is an associate in the litigation team. She has experience acting for clients in relation to disciplinary proceedings, regulatory investigations, banking and financial disputes, judicial reviews and other regulatory litigation.