Civil Jurisdiction and Judgments Act 1982 (UK)

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Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc) (EU Exit) Regulations 2019 (SI 2019/834) which was also amended by SI 2020/1574 On 8 April 2020, the Government applied for the UK to rejoin the Lugano Convention as an independent contracting state. It is now waiting for the other contracting parties to decide whether to agree to the UK joining the Convention. This guidance will be updated if the UK is able to rejoin this Convention with details of what this will mean for jurisdiction and the recognition and enforcement of judgments in cases to which the Convention applies and confirmation of the date from which this will be effective. 2. Special European procedures

For contracts concluded, or where an event giving rise to damage occurs, after the end of the transition period, the retained Rome I and Rome II Regulations (and, for relevant old contracts, the Contracts (Applicable Law) Act 1990) as amended by the Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019 (which was further amended by SI 2020/1574) applies to determine applicable law in relation to contractual or non-contractual obligations. The retained versions of Rome I and Rome II Regulations also apply to determine applicable law in the case of intra-UK conflicts of laws (or conflicts of laws between the UK and Gibraltar), where the contract is concluded, or the events giving rise to the damage occurred, before the end of the transition period. 3.2 Cases in an EU member state the ESCP Regulation still applies to small claims procedures for which the application was lodged before the end of the transition period. the Rome 1 Regulation continues to apply in respect of contracts concluded from 17 December 2009 (including after the end of the transition period); and EEOs, EOPs and ESCP judgments issued by EU member state courts are no longer recognised or enforceable in the UK; andNote also that the Private International Law (Implementation of Agreements) Act 2020 contains provisions giving legal effect in domestic law to the 2005 Hague Convention on Choice of Court Agreements and amending the Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018 (SI 2018/1124), which came into force at the end of the Transition Period. This statutory instrument also preserves and amends the Rome Convention Rules, which are set out in the Contracts (Applicable Law) Act 1990, so that they still apply to contracts entered into between 1 April 1991 and 16 December 2009. This SI has been amended by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (SI 2020/1574) to ensure in particular that its provisions are consistent with Title VI of the Withdrawal Agreement. Cases in England and Wales The treatment of transitional cases by EU member state courts is governed by Title VI, Part 3 of the Withdrawal Agreement. for contractual obligations, Regulation (EC) No 593/2009 (the Rome I Regulation) applies to contracts entered into from 17 December 2009; the 1980 Rome Convention on the law applicable to contractual obligations applies to contracts entered into between 1 April 1991 and 16 December 2009);

Practitioners should note, however, that both the Rome I and Rome II Regulations apply whether or not the applicable law is the law of an EU member state or not (see Article 2 of Rome I and Article 3 of Rome II). the Rome II Regulation (Regulation (EC) No 864/2007 of the European Parliament and of the Council) shall apply in respect of events giving rise to damage, where such events occurred before the end of the transition period.

Text of the Civil Jurisdiction and Judgments Act 1982 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. The EU rules governing applicable law in civil and commercial cases in the UK and EU member states before the end of the transition period can be found in the following EU instruments and agreements: Article 66 of the Withdrawal Agreement provides that, in EU member states (in cases involving the UK):

for cases under the Lugano Convention, regulation 92 of the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019. the Rome I Regulation (Regulation (EC) No 593/2008 of the European Parliament and of the Council) continues to apply in respect of contracts concluded before the end of the transition period;Legislation dealing with the “Rome” rules on applicable law is contained in the following statutory instrument: The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations (SI 2019/834). This instrument amended the Rome I and Rome II Regulations as retained by the EU Withdrawal Act 2018 so that they operate effectively as domestic law and made amendments to other related legislation. Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (SI 2019/479), which was amended by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (SI 2020/1574) UK courts are unable to certify judgments as EEOs, issue EOPs or ESCP judgments. Claims which would have been capable of being pursued in the UK under the EOP or ESCP Regulations prior to the end of the transition period need to be made in the appropriate court as ordinary civil claims.