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CHAPTER 3 The Lugano Convention And Its Interpretation

Civil Jurisdiction and Judgments

Page 27


The Lugano Convention And Its Interpretation

3.01 Lugano rules or Brussels rules?

When a case is brought or to be brought in the courts of the United Kingdom, and a question of jurisdiction arises, the point of departure will be the impact of the Brussels I Regulation or the Lugano Convention. For proceedings in a civil or commercial matter instituted after Completion Day, the applicable rules will not be those of the Brussels I Regulation 1215/2012 as it was, and all its predecessors were, revoked with effect from Completion Day. The applicable rules may yet be those in the Lugano Convention, which was in effect in the United Kingdom because the European Union acceded to it; the willingness of the United Kingdom to rejoin in its own right as an independent state, will, if reciprocated, reinstate these as the jurisdictional rules applied by an English court.

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