Under the terms of the New Withdrawal Agreement (‘the Agreement’), the UK will in effect continue to be treated as though it is still a member of the European Union during the transition period and nothing substantive will change from the perspective of dispute resolution / litigation.
The Agreement provides that present arrangements regarding governing law, jurisdiction, choice of court agreements, and enforcement of judgments will continue to be recognised until the transition period ends, at midnight on 31 December 2020.
As such, disputes are explored and resolved (with or without court proceedings) during this transition period in a largely similar way to before the UK’s exit from the EU.
From 1 January 2021, there will be changes in how European-UK disputes are conducted and governed by new rules in effect; but not every case will be affected.
Even after the transition, initial analysis suggests the impact of Brexit on the Courts of England and Wales (and all jurisdictions of the UK) will not materially change, however it may affect EU-specific remedies such as debt recovery claims.
For further information or advice please contact our Dispute Resolution team on disputes@bpcollins.co.uk or 01753 278665.
