It has been recently reported that the European Commission is choosing to oppose the UK's accession to the Lugano Convention. If the UK is refused entry to the Lugano Convention, there would be no framework for automatic recognition and enforcement of European judgments in the UK, and vice versa. Cross-border disputes may become difficult to resolve efficiently as there is likely to be more uncertainty and scope for challenge when it comes to enforcement of judgments.
Having a framework in place to recognise and enforce judgments would benefit businesses and consumers on both sides of the UK border, as EU and EFTA states have an interest in ensuring that judgments in their courts can be recognised and enforced in the UK without unnecessary hindrances.
The final decision on the UK's application to join the Lugano Convention is expected to be taken collectively by EU nations in the coming weeks, and will be eagerly awaited.
Lauren Cormack comments in New Law Journal on some potential implications that could arise should the UK be refused access to the Lugano Convention.
UK's hopes fade for Lugano is available to read on the New Law Journal website.
Lauren is an associate in our 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
Lauren recently wrote an article for Solicitors Journal examining the pre-Brexit framework for civil and commercial judicial cooperation, as well as how things might progress over the coming years.