The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018

The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018

Proposed Negative
Published: 13 September 2018
ESIC: No upgrade
SLSC: No upgrade 

This Statutory Instrument (SI) to be made under the European Union (Withdrawal) Act 2018 to ensure that the UK is ready, after EU Exit, to apply the 2005 Hague Convention on choice of court agreements.

The Parliamentary Under - Secretary of State for Justice, Lucy Frazer, made the following statement regarding use of legislative powers in the European Union (Withdrawal) Act 2018: “In my view the provisions of the Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018 do no more than what is appropriate to address deficiencies in retained EU law arising from the UK leaving the EU. The Act provides that the directly applicable provisions of the 2005 Hague Convention, the Brussels 1A Regulation, and their related implementing legislation will become retained EU law immediately on exit day. Deficiencies arise because this retained EU law concerns reciprocal arrangements which operate under the 2005 Hague Convention and Brussels 1A Regulation, and that reciprocity will no longer exist from exit day. In the case of the 2005 Hague Convention, such reciprocal arrangements will operate again once the UK accedes to the Convention in its own right, but there will be a short gap after exit day before the Convention comes into force for the UK. 

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