MoJ sets out disputes contingency guidance for a no-deal Brexit

17 Sep 2018

This article first appeared in Legal Business on 14 September 2018.

As the UK careens towards the March 2019 deadline, the Government has released a contingency plan outlining rules for cross-border European disputes in the event of a no-deal Brexit.

Guidance was published yesterday (13 September) by the Ministry of Justice (MoJ), with the main conclusion that if no arrangement is reached with the EU, the UK will have to rely on domestic common law rules currently applied to cases involving non-EU countries for cross-border European disputes. 

Ed Crosse, dispute resolution partner at Simmons & Simmons and president of the London Solicitors Litigation Association, told Legal Business: ‘This “guidance” in effect provides no practical advice to parties in the UK who may be concerned about where their disputes may be heard, and whether a decision from the courts of England and Wales will be recognised and enforced in a member state court after Brexit.’

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