Text of the Civil Jurisdiction and Judgments Act 1982 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. These rules apply to proceedings instituted on or after 1 January 2021 and they replace Brussels I (recast) and the Lugano Convention which applied in respect of proceedings instituted before the end of the Brexit transition period. For guidance on international jurisdiction when the proceedings were instituted on or before 31 December 2020, see: for cases under the Lugano Convention, regulation 92 of the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019.

Civil Jurisdiction and Judgments Act 1982 - Wikipedia

Practice Note: International jurisdiction—allocating employment cases between national courts and tribunals The treatment of transitional cases (where proceedings commenced before the end of the transition period) is governed by: Note that the following have been amended with effect from 11pm on 31 December 2020 to ensure in particular that their provisions are consistent with Title VI of the Withdrawal Agreement.This statutory instrument also preserves and amends the Rome Convention Rules, which are set out in the Contracts (Applicable Law) Act 1990, so that they still apply to contracts entered into between 1 April 1991 and 16 December 2009. This SI has been amended by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (SI 2020/1574) to ensure in particular that its provisions are consistent with Title VI of the Withdrawal Agreement. Cases in England and Wales the Rome I Regulation (Regulation (EC) No 593/2008 of the European Parliament and of the Council) continues to apply in respect of contracts concluded before the end of the transition period; Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (SI 2019/479), which was amended by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (SI 2020/1574)

Schedule 4, Civil Jurisdiction and Judgments Act 1982

If the claim is a common law claim brought in the courts, such as a claim for damages for breach of contract or to enforce post-termination restrictions (restrictive covenants), the rules on jurisdiction in CJJA 1982 and the Civil Procedure Rules (CPR) will apply. the ESCP Regulation still applies to small claims procedures for which the application was lodged before the end of the transition period. Sime, Stuart (2008). A Practical Approach to Civil Procedure. Oxford: Oxford University Press. pp.135, 153. ISBN 978-0-19-954253-6. External links [ edit ] UK courts are unable to certify judgments as EEOs, issue EOPs or ESCP judgments. Claims which would have been capable of being pursued in the UK under the EOP or ESCP Regulations prior to the end of the transition period need to be made in the appropriate court as ordinary civil claims.The EU rules governing applicable law in civil and commercial cases in the UK and EU member states before the end of the transition period can be found in the following EU instruments and agreements: For contracts concluded, or where an event giving rise to damage occurs, after the end of the transition period, the retained Rome I and Rome II Regulations (and, for relevant old contracts, the Contracts (Applicable Law) Act 1990) as amended by the Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019 (which was further amended by SI 2020/1574) applies to determine applicable law in relation to contractual or non-contractual obligations. The retained versions of Rome I and Rome II Regulations also apply to determine applicable law in the case of intra-UK conflicts of laws (or conflicts of laws between the UK and Gibraltar), where the contract is concluded, or the events giving rise to the damage occurred, before the end of the transition period. 3.2 Cases in an EU member state EEOs, EOPs and ESCP judgments issued by EU member state courts are no longer recognised or enforceable in the UK; and the Rome 1 Regulation continues to apply in respect of contracts concluded from 17 December 2009 (including after the end of the transition period); and Both Article 67 (and 69) and regulation 92 provide that courts in England and Wales will continue to apply the relevant EU rules on jurisdiction and recognition and enforcement of judgments which applied immediately before the end of the transition period (e.g. as appropriate, those of Brussels Ia and the Lugano Convention) to cases where the proceedings were commenced before the end of the transition period. Article 67 (and 69) and regulation 92 also provide that courts in England and Wales will continue to apply the EU rules on recognition and enforcement which applied immediately before the end of the transition period (e.g. those of Brussels Ia and Lugano respectively) where the parties have concluded a court settlement, or formally drawn up or registered an “authentic instrument”, before the end of the transition period, and recognition and enforcement is sought after that date in England or Wales.

civil and commercial legal cases: guidance for Cross-border civil and commercial legal cases: guidance for

The 2005 Hague Convention on Choice of Court Agreements still applies to the UK (without interruption) from its original entry into force date of 1 October 2015. It was given the force of law in domestic law on 1 January 2021 by the Private International Law (Implementation of Agreements) Act 2020, which also amended the Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018 (SI 2018/1124). Transitional cases in England and Wales Article 66 of the Withdrawal Agreement provides that, in EU member states (in cases involving the UK):

Region:

for cases under the Brussels 1a Regulation and its predecessors and the EU-Denmark Agreement, Articles 67 and 69 of the Withdrawal Agreement The treatment of transitional cases by EU member state courts is governed by Title VI, Part 3 of the Withdrawal Agreement.