On Tuesday 22 August, the British government published its negotiating position on a cross-border civil judicial cooperation framework ahead of the third session of negotiations next week on the UK's withdrawal from the EU (see EUROPE 11844).
Wanting to provide a maximum of legal security to individuals and companies in the context of Brexit, the UK, as a third country outside the jurisdiction of the EU Court of Justice, suggests that the European rules governing the applicable law for contractual and non-contractual obligations should continue to apply to contracts concluded before the UK's withdrawal date from the EU. As regards determining the competent jurisdiction, this principle will also be valid for legal proceedings instituted before the withdrawal date. After Brexit, the European rules on the respect of legal decisions will continue to be applied for rulings handed down before the date of withdrawal and for those handed down after Brexit when the specific case has been brought before the courts before Brexit.
On Wednesday, the British government is expected to publish its position on the competence of the EU Court of Justice and European jurisprudence.
The British negotiation position on judicial cooperation on civil matters can be consulted at: http://bit.ly/2v1AdQd. (Original version in French by Mathieu Bion)