Position papers on judicial cooperation in civil matters: steps towards clarity?

As the new legal year starts in London, we’re running a short series of posts covering developments and cases you might have missed over the summer.  This first post in the series looks at the UK and EU position papers on Judicial Cooperation in Civil and Commercial Matters.

Since the Brexit Referendum of June 2016, there has been uncertainty as to how the current conflict of laws regimes concerning civil and commercial matters will change. (Other civil matters are outside the scope of this brief note.)

Until recently, there had been no indication from governmental levels as to the proposals both for the wind-down of the current regime and for the future basis of judicial cooperation (if any) between the UK and EU Member States.   This summer saw the publication of position papers by both the EU and the UK.  On 12 July 2017, the EU published its Position Paper on Judicial Cooperation in Civil and Commercial Matters.  On 22 August 2017, the UK published its paper entitled “Providing a cross-border civil judicial cooperation framework: a future partnership.”

Both papers set out proposals for the “wind-down” period.  The EU paper makes no proposals for any new relationship between itself and its former member, the UK. The UK makes some high level proposals in this regard. Continue reading