28 March 2018
By Paul Chaplin, Neil Mirchandani, Philip Parish and Ivan Shiu
The impact of Brexit on the enforcement of judgments between the UK and EU member states is increasingly at the forefront of businesses' minds. This blog describes how the current system of reciprocal enforcement of judgments operates throughout the EU and considers the positions expressed by the EU and the UK on what may happen post-Brexit. There are a number of options that the EU and UK Government could take to ensure that there is a coherent regime of reciprocal enforcement post-Brexit, and both sides have intimated their desire for coherence, however, neither have yet detailed how such a regime could work in practice. If no deal is reached, a number of procedural hurdles could be imposed on businesses wishing to enforce a UK judgment in an EU Member State and vice versa. It is not possible to state definitively how Brexit will impact the ability of companies to enforce English judgments in EU Member States and EU Member State judgments before the English courts, however, there are a number of steps that companies can take to help mitigate any uncertainty surrounding how English judgments will be enforced post-Brexit.
Jurisdictions: United Kingdom