A View from the Edge

12 Pages Posted: 17 Apr 2019

See all articles by Andrew Dickinson

Andrew Dickinson

University of Oxford - Faculty of Law; University of Oxford

Date Written: March 15, 2019

Abstract

This paper looks at UK’s preparations for the possibility of leaving the European Union without a negotiated deal with respect to civil justice in non-family cases. Although Parliamentary forces now appear aligned against a “no deal Brexit”, it remains the default option under both treaty and legislation. Moreover, in the absence of any reference to provision for civil justice matters in the Political Declaration, the signalling of the UK’s intentions with regard to these matters forms an important part of the background against which negotiations on a future UK-EU relationship will be conducted. If, on the other hand, the final outcome of the process is destined to be “no Brexit”, the following account will serve as a snapshot – hopefully interesting in itself - of a system of private international law that never existed.

Keywords: Conflict of Laws, Private International Law, Jurisdiction, Recognition and Enforcement of Judgments, Law Applicable to Contractual and Non-Contractual Obligations, European Union, Brexit, Civil Justice, "No Deal"

JEL Classification: K10, K33, K41

Suggested Citation

Dickinson, Andrew, A View from the Edge (March 15, 2019). Oxford Legal Studies Research Paper No. 25/2019. Available at SSRN: https://ssrn.com/abstract=3356549 or http://dx.doi.org/10.2139/ssrn.3356549

Andrew Dickinson (Contact Author)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

University of Oxford ( email )

Mansfield Road
Oxford, Oxfordshire OX1 4AU
United Kingdom

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