March 27, 2017

The House of Lords EU Justice Sub-Committee has published its report into what alternative plans the Government has to replace the loss of EU Regulations that govern cooperation in civil and family law in the UK post-Brexit.

In the areas of civil and family law, EU Regulations provide certainty on what jurisdiction should hear disputes whilst also allowing for the automatic recognition and enforcement of judgments throughout the EU. The report considers how the loss, post-Brexit of this important EU legislation will affect future legal proceedings.

The Committee says that the EU Regulations provide certainty, predictability and clarity about where legal disputes should be pursued and, also allow for the automatic recognition and enforcement of judgments throughout the EU. These principles, underpinned by the jurisdiction of the Courts of Justice of the EU, mean that businesses can engage with the Single Market, and citizens can work, travel and live in Europe safe in the knowledge that when relations go wrong legal remedies are easily secured and enforced.

Key findings of the report:

• beyond vague references to “other arrangements”, the Committee was unable to discern a clear Government plan as to how the continued post-Brexit operation of these important Regulations will be secured and conclude that the Government has not taken full account of the impact of their loss on UK law;
• the report calls on the Government to publish a coherent plan for addressing the post-Brexit application of these Regulations; and
• there is no means by which the reciprocal rules in the Regulations can be replicated in the Great Repeal Bill. It is therefore imperative that the Government secures adequate alternative arrangements, whether as part of a withdrawal agreement or under transitional arrangements.

To access the report, click here.