European Union Committee
Brexit: justice for families, individuals and businesses?

17th Report of Session 2016-17 - published 20 March 2017 - HL Paper 134

Contents

Summary

Chapter 1: Introduction

Background

Three Regulations and the CJEU

Box 1: The EU’s Area of Freedom, Security and Justice: civil justice cooperation

The purpose of this report

The EU Committee’s work

Chapter 2: The Brussels I Regulation (recast)

Background

The development of the Brussels Regime

British influence

What does the BIR do?

Box 2: The Brussels I Regulation (recast): jurisdictional rules

The importance of the BIR

Jurisdiction

Enforcement of judgments

Box 3: The Brussels I Regulation (recast): enforcement and recognition of judgments

Box 4: Case study 1: the Brussels I Regulation (recast)

The Minister’s view of the BIR

Potential problems if the UK leaves the BIR without alternative arrangements in place

Loss of certainty

Impact on London’s legal market

Box 5: Choice-of-court agreements

Box 6: Lis pendens and parallel proceedings

Inability to enforce judgments

Loss of control over future iterations of this legislation

The Great Repeal Bill—a solution?

Which alternative jurisdictions gain from the current uncertainty

Box 7: The New York Convention

Chapter 3: The Brussels IIa Regulation and the Maintenance Regulation

Background

The Regulations

Box 8: The Brussels IIa Regulation (BIIa)

Box 9: The Maintenance Regulation

The Minister’s view

Box 10: Case study 2: the Maintenance Regulation

Potential problems if UK leaves the BIIa and the MR without alternative arrangements in place

Loss of certainty and predictability

Box 11: The 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children

Enforcement of court decisions

Loss of provisions on child abduction

Box 12: Case study 3: the Brussels IIa Regulation

Loss of domestic application

Impact on family court system

The Great Repeal Bill—a solution?

Chapter 4: Options for the future

Box 13: No CJEU/no Danish model

Advice for the Government

Civil and commercial law

Family law

Non-CJEU alternatives for the BIR

Do nothing: the common law will suffice

Seek UK Membership of Lugano Convention plus Hague Convention on choice-of-court agreements

Box 14: The Lugano Convention

Box 15: 2005 Hague Convention on choice-of-court agreements

Box 16: Rome I and Rome II

Non-CJEU alternatives for the BIIa and the MR

Do nothing: return to the common law II

Fall back on alternative international arrangements: the 1996 Hague Convention

The Lugano Convention as a replacement for the Maintenance Regulation

The Minister’s view

Summary of conclusions and recommendations

Appendix 1: List of Members and declarations of interest

Appendix 2: List of witnesses





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