A View from the Edge
12 Pages Posted: 17 Apr 2019
Date Written: March 15, 2019
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: Suggested Citation