The legal framework for jurisdiction and enforcement of judgments as between England1 and EU Member States has changed significantly following the end of the Brexit transition period on 31 December 2020. This is because the EU regime under the Brussels Regulation and Brussels Recast (defined below) ceased to apply to the UK from that point (save in relation to pending cases).
The UK has applied to re-join the Lugano Convention (defined below), which also ceased to apply to the UK at the end of the Brexit transition period. The Lugano Convention, which applies to all EU Member States, Switzerland, Iceland and Norway, would replicate many (but not all) key aspects of the EU regime. However, on 4 May 2021, the European Commission issued a recommendation that the EU should reject the application. Further, by a note verbale dated 22 June 2021, the Commission informed the Swiss Federal Council (as Depositary of the Lugano Convention) that the EU “is not in a position to give its consent to invite the [UK] to accedeto the Lugano Convention.” While the Commission’s recommendation is nonbinding and the precise status of the note verbale is unclear, the odds appear to be against the UK acceding to the Lugano Convention, at least for the time being (although it is understood that there is some division among EU Member States on the question). Even if the UK were to re-join the Lugano Convention, it would almost certainly not apply to the UK retrospectively (i.e., for proceedings from 1 January 2021 until the date of the UK’s re-accession).
To read the full English Jurisdiction and Enforcement Post-Brexit: Where Are We Now? Click here.
