No deal Brexit—jurisdiction (UK and the Lugano Convention) [Archived]


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert
Practice notes
Brexit

No deal Brexit—jurisdiction (UK and the Lugano Convention) [Archived]


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert

Practice notes
Brexit
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ARCHIVED: This Practice Note has been archived and is not maintained.

This Practice Note has been produced in partnership with Guy Pendell, Liz Williams and Kushal Gandhi of CMS.

This Practice Note covers the situation where the UK and the EU do not reach an agreement on Jurisdictional matters following the UK leaving the EU. During the implementation period that starts on Exit day ie the day the UK leaves the EU, the provisions in the withdrawal agreement will apply. For guidance on the implementation period and the impact of the withdrawal agreement on jurisdiction, see Practice Note: Brexit implementation period—jurisdiction [Archived].

This Practice Note considers the effect of the UK leaving the EU on exit day without a deal on jurisdictional matters in UK court proceedings involving those European Free Trade Association (EFTA) States that are signatories to the Lugano Convention 2007, ie Iceland, Norway and Switzerland—Liechtenstein, the fourth EFTA State, opted out of the convention.

Exit day is defined by section 20 of the European Union (Withdrawal)

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Brexit definition
What does Brexit mean?

means: (a) the United Kingdom (UK) ceasing to be a member state of the European Union (EU) and/or the European Economic Area (EEA) on exit day; and/or (b) the commencement, end of[ or variation in] any transitional, trading or other arrangements from time to time between: (i) the UK and the EU and/or EEA (including during any implementation period and IP Completion Day); and/or (ii) the UK and any other country, group of countries, international organisation, bloc or body (including the World Trade Organization) in contemplation of or (directly or indirectly) in connection with the UK’s said cessation of membership;

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