UK Government releases 'Providing a Cross-Border Civil Judicial Cooperation Framework: A Future Partnership Paper'

The UK Government releases a consultation paper on the future of cross-border civil judiciary issues

Published on 24th August 2017

 

In the next of a series of papers setting out the UK Government's thinking on the future relationship with the EU post-exit, a discussion and consultation paper on the issue of cross-border civil judiciary was released on 22nd August. The Government worked in consultation with experts such as the Law Society of England and Wales and the Bar Council.

 

In the paper, the Government acknowledges that citizens and businesses need to have continuing confidence as they interact across borders about which country’s courts would deal with disputes, which laws would apply, and that judgements obtained would be recognised and enforced in neighbouring countries. When the UK leaves the EU, it will leave the current civil judiciary system that exists between Member States, therefore there is a need to negotiate and agree a new framework.

 

There are several areas of concern:

 

Location

According to the position paper, there are approx. 1 million British citizens currently living in other EU member states, and approx. 3 million EU citizens residing in the UK. Families need certainty that any disputes can be resolves in a clear and predictable way, without delay.

 

Consumers

Consumers in the UK and EU will continue to buy from each other’s retailers and manufacturers and must have confidence of a clear resolution process for any disputes, regardless where the supplier is based.

 

Businesses

Investors and business require certainty to thrive. The EU and UK are key trading partners and must be able to draw up cross-border commercial contracts enhanced by clear governance in jurisdiction, resolution, insolvency and judgement issues.

 

The Government recognised that there will be a transition period and so again have asked for an interim withdrawal phase, particularly for contracts and issues pre-dating the withdrawal date. The paper indicates that the UK intends to incorporate some EU law such as the Rome I and II instruments into domestic law, but recognises that once the UK leaves the EU, the EU Treaties will cease to apply and this will bring an end to direct jurisdiction of the Court of Justice of the European Union (CJEU) over the UK.

 

The UK intends to continue participation in other international agreements such as the Hague Conventions and the Lugano Convention.

 

The Chamber will continue to communicate the EU Exit proposals and plans as they unfold over the coming months and encourage our member companies in Singapore to contact us with their comments and concerns, which we will in turn communicate on behalf of the wider Chamber network. 

 

CLICK TO READ THE HM GOVERNMENT FUTURE PARTNERSHIP PAPER ON PROVIDING A CROSS-BORDER CIVIL JUDICIAL COOPERATION FRAMEWORK

 

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