September 11, 2017

As the UK leaves the European Union, the Government says that it will seek “a deep and special partnership with the EU”. Within this partnership, cross-border commerce, trade and family relationships will continue, it says. Building on years of cooperation across borders, it is “vital for UK and EU consumers, citizens, families and businesses, that there are coherent common rules to govern interactions between legal systems”.

To this end, the UK, as a non-Member State outside the direct jurisdiction of the Court of Justice of the European Union (CJEU), will seek to agree new close and comprehensive arrangements for civil judicial cooperation with the EU.

The Government explains that the UK has a “shared interest with the EU in ensuring these new arrangements are thorough and effective”. In particular, citizens and businesses need to have continuing confidence, as they interact across borders, about which country’s courts would deal with any dispute, which laws would apply, and know that judgments and orders obtained will be recognised and enforced in neighbouring countries, as is the case now.

Cooperation with the EU is one part of the UK’s global outlook in this field, the Government says. The new agreement with the EU would be “integral to the UK’s strategy to enhance civil judicial cooperation more widely”. Beyond its relationship with the EU, the UK will “remain committed to maintaining and deepening civil judicial cooperation internationally”, both through continued adherence to existing multilateral treaties, conventions and standards, and through its engagement with the international bodies that develop new initiatives in this field.

The EU has presented its position on civil judicial cooperation in the context of separation. The Government says that it is clear that it is in the interests of both the UK and the EU for cooperation in this field to continue as part of the future partnership. Nonetheless, in response, the paper also presents (in Annex A) the UK’s view of the principles that should govern the winding down of the existing relationship in the event that no agreement on a future relationship can be reached. To read the paper in full, click here.