Brexit Update

• United Kingdom

• Brexit
• Litigation and dispute management

05-09-2019

Notwithstanding attempts by parliament to block a no-deal, Britain is inching closer to the latest Brexit deadline. With continued uncertainty, UK businesses need to prepare for the possibility of the UK leaving the EU without an exit agreement. 

To help you navigate what no-deal means for existing or proposed disputes which involve an EU or EFTA party, we have prepared a quick reference 10 things you need to know about managing disputes in a no-deal Brexit. For more detail on the impact on disputes and the protective measures to consider taking ahead of a no-deal, you can download our eight page guide Making sense of Brexit: What does no-deal mean for commercial litigation across the EU? 

For parties who contract across the EU and EFTA states, or those with engaged in or contemplating legal proceedings with a cross-border element involving another EU Member State, three main questions arise: 

1. What do the jurisdiction clauses in my contracts say? 
2. Do I need to issue and/or serve a claim outside the jurisdiction? 
3. Do I need to take steps to register an existing judgment in another jurisdiction? 
To help you assess your risk around these three key questions, we have published flowcharts on Enforcement of a UK Judgment in the EU; Enforcement of an EU/EFTA judgment in the UK; and Recognition and enforcement of English jurisdiction clauses in the event of a no-deal. 

Your usual Eversheds Sutherland contact can help you to assess your risks and advise you on any protective measures that should be taken. Alternatively, you can visit our Brexit Hub where you will find a list of key Brexit contacts as well as other useful information.