Brexit and Lugano: First Anniversary of the UK’s Application

On 8 April 2020, the United Kingdom deposited an application to accede to the Lugano Convention, with the Swiss Federal Council, the depositary under the Convention. Acceding to the Lugano Convention as a replacement for the Brussels Regulation (recast) had emerged as the UK’s preferred strategy for judicial co-operation in civil and commercial matters (even though the European Court of Justice does have a role in the Lugano regime under Protocol 2 on the uniform interpretation of the Convention and on the Standing Committee). Continue reading

Hard Brexit for Judicial Cooperation: No Revival of Brussels, Rome Conventions

Given the activities of the Advisory Commission, with two recommendations and a press release on a default with a couple of weeks, the blog has been rather art law-heavy recently. So for a change, let’s revisit another recurring theme: Brexit! Over at legal twitter, Professor Steve Peers published a “thread on where we stand with EU conclusion of the Brexit deal, based on internal unpublished Council documents.” One of these documents Professor Peers shared is a letter of the UK Mission to the European Union dated 29 January 2021. It reads, in its relevant part, as follows: Continue reading

Judicial Cooperation in Civil Matters: Hard Brexit After All?

During the course of the morning, leaked versions of the draft Brexit treaty and accompanying documents started to appear on legal @twitter, only to be followed by the official publications by both the UK government and the EU Commission. I have now had an initial look at what the documents say regarding judicial cooperation in civil matters. Spoiler alert: Radio silence on this topic. Continue reading

Remember Brexit? News From Lugano

Lugano_from_SighignolaWith all legal and non-legal news monothematically being dominated by Covid-19 and its implications, it appears that everyone has lost sight of Brexit – I certainly almost have. It is mid-May now, and the 30 June 2020 deadline for the United Kingdom to request an extension of the transition period beyond 2020 is fast approaching. At this point in time, it looks as if, Covid-19 and its impact notwithstanding, no such request will be made and the transition period will expire as currently scheduled on 31 December 2020, deal or no deal. Time to look into alternatives then… the 2007 Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters might be one, as a substitute to the Brussels I Recast RegulationContinue reading