Post-Brexit Recognition and Enforcement of Judgements: Problems and Solutions

Abstract

The reciprocal recognition and enforcement of judgments is key for the globalised economy in which we live. Post-Brexit, there has been a significant change in the legal infrastructure that formerly allowed for the recognition and enforcement of judgments between the EU Member States with the removal of the United Kingdom from the Brussels regime. The article assesses the implications of the loss of the Brussels I Recast Regulation (BIRR) for the recognition and enforcement between Scottish and EU Member State courts and critically analyse the potential post-Brexit replacements for cooperation. To reach a conclusion, Part I compares the BIRR to the existing Scots law, Part II analyses whether the Lugano II Convention would have satisfactorily replaced the BIRR and Part III determines the potential of the Hague Conventions as a way forward. Reference is made to conventions and Regulations, case law, academic commentary and other reports on this area of law. The article concludes by proposing the best option going forward for the recognition and enforcement of judgments between the UK and EU as being a bespoke UK-EU treaty, with the 2019 Hague Convention providing a temporary solution.