Seven swans a-swimming. The Hard Brexit for judicial co-operation in civil matters.

Update 13 April 2021 see Matthias Lehmann’s reporting on yesterday’s rollercoaster news re the EC’s position viz the UK’s accession to Lugano.

Update 10 February 2021 see Steve Peers’ reporting on the UK’s formal confirmation of non-extension of the Brussels Convention and Rome 1980 Convention.

Update 5 January 2020 This CMS summary usefully points out that there is embryonic judicial co-operation on intellectual property rights (see p155 ff of the agreement, Section 2: Civil and administrative enforcement).

31 December 2020, the Seventh day of Christmas, delivered a hard Brexit in the area of judicial co-operation in civil matters – the core subject area of this blog. The moment the draft  Trade and Cooperation Agreement between the EU and the UK broke, a few of us poured over the text to find any deal on the issue – in vain. Peter Bert has reporting and analysis here and here; Ralf Michaels summarised here (he also links to our Twitter reactions, which readers might find of use) and Marta Requejo Isidro links further to official documents here.

The UK’s application to join Lugano is still out there (the EU have an effective veto), however as things stand it seems unlikely the EU will agree.

Andrew Dickinson summarises the many things on the UK’s to do list here. As was clear to many of us, Sylvester 2020 was never going to be an end to, rather the start of interesting times in the sector.

Geert.

EU Private International Law, 3rd ed. 2021, 1.36 ff.