With Europe we had common platforms and mutual agreements in place under the Lugano Convention to enforce standards and practices.
On the 4th May 2021, in a major blow to the UK legal sector, the EU Commission officially recommended that European Union (EU) Member States do not give consent for the UK to join the Lugano Convention. What does this mean? – We no longer can get the guaranteed support of European Courts to see cross border application of civil and commercial law
Similarly though, nor can Europe push into UK courts for applications of recovery.
Who does this affect?
- Exporters, in a better position potentially (from a liability perspective). Claims have to be brought in the UK courts (providing they don’t have assets in member states).
- Importers, potentially an increased risk because we are unable to easily get full rights of recourse against their EU suppliers.
- Tour Operators, recovery of claims against suppliers is going to get herder.
For further information:
- Global Policy Watch, The Lugano Convention and The UK The Lugano Convention and The UK | Global Policy Watch
- Read the full article by Kennedys Law Lugano Convention and the future of civil jurisdiction -Kennedys (kennedyslaw.com)
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