Civil Jurisdiction and Judgments Act 1982 (UK)

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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. the Rome II Regulation (Regulation (EC) No 864/2007 of the European Parliament and of the Council) shall apply in respect of events giving rise to damage, where such events occurred before the end of the transition period.

Civil jurisdiction after Brexit: where are we now? Civil jurisdiction after Brexit: where are we now?

This Practice Note considers the provisions of the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982), which determine the question of international jurisdiction in relation to employment proceedings instituted on or after 1 January 2021. 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. For claims initiated after the end of the transition period, involving an exclusive choice of court agreement entered into from 1 October 2015, in which the chosen court is established in a contracting party to that Convention (which includes all EU member states), the rules of the Hague Convention 2005 on Choice of Court Agreements) apply. the ESCP Regulation still applies to small claims procedures for which the application was lodged before the end of the transition period.Practice Note: International jurisdiction—allocating employment cases between national courts and tribunals 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 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;

International jurisdiction—the Civil Jurisdiction and

for cases under the Brussels 1a Regulation and its predecessors and the EU-Denmark Agreement, Articles 67 and 69 of the Withdrawal AgreementThe treatment of transitional cases by EU member state courts is governed by Title VI, Part 3 of the Withdrawal Agreement. for contractual obligations, Regulation (EC) No 593/2009 (the Rome I Regulation) applies to contracts entered into from 17 December 2009; the 1980 Rome Convention on the law applicable to contractual obligations applies to contracts entered into between 1 April 1991 and 16 December 2009);

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

For guidance on international jurisdiction when the proceedings were instituted on or before 31 December 2020, see: Practitioners should note, however, that both the Rome I and Rome II Regulations apply whether or not the applicable law is the law of an EU member state or not (see Article 2 of Rome I and Article 3 of Rome II). 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 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 WalesLaw Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc) (EU Exit) Regulations 2019 (SI 2019/834) which was also amended by SI 2020/1574 for cases under the Lugano Convention, regulation 92 of the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019. 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: 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) 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