A short, high-level document was published by the UK Government on 13 June 2018, setting out its vision on civil judicial cooperation post-Brexit. A copy can be found here.
The Government has set out that it will be seeking a new bespoke bilateral agreement with the EU to cover the entire sphere of civil judicial cooperation, ie which law applies, where cases will be heard, ensuring contractual choice of court clauses are respected, and ensuring cross border recognition and enforcement of judgments.
As to the form of that agreement, the Lugano Convention is referred to as an example of where the EU has already developed bespoke arrangements with other third countries. However, it states that the Government hopes to put in place a broader agreement than Lugano, to reflect the UK’s unique starting point and to recognise the close and continuing ties between the UK and EU.
We will be watching for further developments, and in particular the EU’s reaction to this.
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