BLOG POST BY OUR PATRON DEL CANTO CHAMBERS
Continuing with the saga of “what will happen with”, today we will analyse the issues regarding recognition and enforcement of judicial decisions established in the European Commission updated “Notice to Stakeholders on the Withdrawal of the United Kingdom and EU Rules in the Field of Civil Justice and Private International Law” (the “Notice”).
The Notice differentiates two main circumstances:
- Proceedings instituted before the end of the transition period. Eu rules will provide the framework which allows the enforcement of a judgment in an EU Member State.
- Proceedings instituted after the end of the transition period. Eu rules on enforcement will not apply. If no international convention applies, “the recognition and enforcement of UK judgments will be governed by the national rules of the Member State in which recognition/enforcement is sought”.
It is important to bear in mind that UK has not reach an agreement with the EU in relation with recognition and enforcement of judgments. Nor has been accepted yet as a party of the Lugano or Hague Convention. If none of this Conventions apply and no agreement is met the enforcement of UK judgments will depend on each domestic law and common law rules of private international law. This will create uncertainty and an increase of costs and time.
Find the Notice on the following link: https://n9.cl/ars4