Recognition and Enforcement of Civil and Commercial Judgments in Europe after Brexit

Abstract

After Brexit, therefore from March 29 2019, the UK ceases to be a Member of the EU and looses amongst others the benefit of the 2012 Regulation on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters, entered into force in 2015, which was an update or recast of the earlier 2000 Regulation, effective since 2002 (hereafter the Regulation). It provides throughout the EU a mutual recognition and enforcement regime of civil and commercial judgments rendered in any EU country, further facilitated by two closely related other Regulations. We must therefore assume that as from that date, UK civil and commercial judgments will no longer be recognized and enforceable under this EU framework in EU Member States and vice versa. It is a serious set back for London as a legal centre. This short paper deals with the consequences and what the alternatives are. A shortened version will appear in the November issue of Butterworth Journal of International Banking and Financial Law (JIBFL).