Brexit implementation period—enforcement [Archived]


Published by a ÑÇÖÞÉ«ÇéÍø Dispute Resolution expert
Practice notes
Brexit

Brexit implementation period—enforcement [Archived]


Published by a ÑÇÖÞÉ«ÇéÍø Dispute Resolution expert

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ARCHIVED: This Practice Note has been archived and is not maintained.

This Practice Note considers the rules of dealing with the recognition and enforcement of judgments as they will apply between the UK’s departure from the EU on 31 January 2020 and the end of the implementation period, referred to by the EU as the transition period. It considers whether the implementation period can be extended, whether the enforcement framework under the Brussels regime, including that set out in Regulation (EU) 1215/2012, Brussels I (recast), applies during the implementation period, as well as the position after the implementation period.

For a quick reference brexit research aid that answers key questions on Brexit and includes helpful Brexit updates, research tips and resources, see: Brexit Bulletin—key updates, research tips and resources.

Definitions

This Practice Note using a number of definitions:

  1. •

    European Union (Withdrawal) Act 2018—EU(W)A 2018

  2. •

    European Union (Withdrawal Agreement) Act 2020—EU(WA)A 2020

  3. •

    exit day—is defined in EU(W)A 2018, s 20 as 31 January 202 at 11 pm

  4. •

    Hague Convention on Choice of Court Agreements—Hague Convention of 30 June 2005 on Choice of Court Agreements

  5. •

    implementation period—is

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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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