No deal Brexit—jurisdiction under Brussels I (recast) (UK courts’ approach after exit day)—checklist [Archived]


Produced in partnership with Angharad Parry of Twenty Essex
Checklists

No deal Brexit—jurisdiction under Brussels I (recast) (UK courts’ approach after exit day)—checklist [Archived]


Produced in partnership with Angharad Parry of Twenty Essex

Checklists
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ARCHIVED: This Checklist has been archived and is not maintained.

This Checklist considers how the UK courts will apply Regulation (EU) 1215/2012, Brussels I (recast), which deals with the allocation of court jurisdiction for civil and commercial matters, if the UK leaves the EU on exit day with no deal, the so called ‘no deal Brexit’ scenario. Exit day is defined by section 20 of the European Union (Withdrawal) Act 2018. The Checklist reviews the regulation’s articles, dealing with jurisdiction, and considers whether the UK courts will apply them and, if so, how. The application of those articles differs depending on whether the proceedings are commenced prior to exit day (with the jurisdictional dispute being determined after that date) or after exit day.

The key UK regulation is The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019, SI 2019/479. This comes into force on exit day and contains various savings provisions and modifications to Regulation (EU) 1215/2012, Brussels I (recast) as well as amendment

Angharad Parry
Angharad Parry

Twenty Essex

Angharad Parry specialises in advisory and advocacy work in a wide range of commercial disputes with a special focus on private international law issues/conflict of laws, sale of goods and commodities, energy and natural resources, off-shore, projects and heavy industry, carriage of goods, shipping and public international law work (particularly involving contracts between states and private entities). In addition to court work, she has extensive experience in arbitration, particularly before the ICC and LCIA. Angharad has also been involved in court proceedings, ancillary to arbitration, with a recent appearance before the Court of Appeal in the seminal case of Integral Petroleum Ltd v Melars Group Ltd (2016) EWCA Civ 108. She has also been involved in numerous proceedings with multi-jurisdictional elements.

Angharad is recommended by The Legal 500 (2012 and 2013) as a "Leading Junior" in the field of Commercial Litigation, and in Commodities (2014, 2015 and 2016). She is also recommended for Energy by Who's Who Legal UK Bar (2015) where she is described as "exceptionally hard-working, dedicated, and a real star".

Angharad was appointed to the Treasury Solicitor Civil/ Commercial B Panel in 2016.

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