This blog post, written by Kristina Lukacova of Monckton Chambers, discusses the recent legislative changes ahead of the end of the transition period, focusing on changes relevant to commercial litigation.
The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020
These Regulations were laid before Parliament on 10 December 2020, and will come into force immediately before the end of the transition period, i.e. 11 pm on 31 December 2020.
Various earlier Brexit-related Regulations are amended to ensure consistency with the UK’s obligations under art. 67 – 69 of the Withdrawal Agreement (which deal with claims issued before the end of the transition period and other transitional matters).
In particular, Regulation 9(3) introduces a CPR savings provision which allows Brussels Regulation (recast) claims issued (but not served) before 1 January 2021 to be served out of the jurisdiction under the old rules, i.e. without permission.
The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020
These Regulations, which came into force on 17 December 2020, also amend various earlier Brexit-related Regulations.
Of particular note is Regulation 3, which amends the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 to make sure that the new section 15C(2) of the Civil Jurisdiction and Judgment Act 1982 (“CJJA 1982”) replicates, as closely as possible, the special rule for jurisdiction in relation to individual contracts of employment contained in art. 21(1) of the Brussels Regulation (recast).
In light of the amendments, the new section 15C(2) CJJA 1982 will read as follows:
“(2) The employer may be sued by the employee—
(a)where the employer is domiciled in the United Kingdom, in the courts for the part of the United Kingdom in which the employer is domiciled,
(b)in the courts for the place in the United Kingdom where or from where the employee habitually carries out the employee’s work or last did so (regardless of the domicile of the employer), or
(c)if the employee does not or did not habitually carry out the employee’s work in any one part of the United Kingdom or any one overseas country, in the courts for the place in the United Kingdom where the business which engaged the employee is or was situated (regardless of the domicile of the employer).” (emphasis added)
Private International Law (Implementation of Agreements) Act 2020
The Private International Law (Implementation of Agreements) Bill received Royal Assent on 14 December 2020.
Section 1 provides for the implementation of the 1996, 2005 and 2007 Hague Conventions at the end of the transition period.
Section 2 provides for a framework for the implementation of private international law agreements, i.e. conventions, treaties or other agreements to which the UK is to become a party in so far as they relate to private international law, via secondary legislation for a period of five years (with the possibility of a five-year extension).
According to a press release by the Ministry of Justice, a public consultation on a 10-year strategy in relation to private international law “deals” is to be published shortly.
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