European Union Committee
Brexit: justice for families, individuals and businesses?
17th Report of Session 2016-17 - published 20 March 2017 - HL Paper 134
Contents
Three Regulations and the CJEU
Box 1: The EU’s Area of Freedom, Security and Justice: civil justice cooperation
Chapter 2: The Brussels I Regulation (recast)
The development of the Brussels Regime
Box 2: The Brussels I Regulation (recast): jurisdictional rules
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
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
Box 8: The Brussels IIa Regulation (BIIa)
Box 9: The Maintenance Regulation
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
Enforcement of court decisions
Loss of provisions on child abduction
Box 12: Case study 3: the Brussels IIa Regulation
The Great Repeal Bill—a solution?
Chapter 4: Options for the future
Box 13: No CJEU/no Danish model
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 15: 2005 Hague Convention on choice-of-court agreements
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
Summary of conclusions and recommendations