The UK Government recently published a paper setting out its position on cross-border civil judicial cooperation with the EU post-Brexit.
In the paper the Government
says it will seek a “deep and special” partnership with the EU that will allow cross -border commerce
, trade and family relationships to continue.
It notes the importance of ensuring the existence of coherent common rules to govern interactions between legal systems. To achieve this, the UK, as a non-member state outside the direct jurisdiction of the Court of Justice of the European Union, will seek to agree new close and comprehensive arrangements for civil judicial cooperation with the EU.
It also notes that in order to operate effectively cross borders, businesses will need certainty about which country’s courts would deal with any dispute, which laws would apply, and know that judgments and orders obtained will be recognised and enforced in neighbouring countries, as is the case now.
“To enable small businesses to engage in easy cross-border trade with the EU27 after Brexit, new arrangements for civil judicial cooperation must ensure legal certainty, easy and effective access to justice, clear designation of the applicable law where appropriate and recognition and enforcement processes that are both speedy and effective.
“Commercial business-to-business disputes that take place across borders with EU27 countries, such as on late payments, must have quick and easy remedies to shore up small business trading confidence.”
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