Lloyd's Maritime and Commercial Law Quarterly
W(H)ITHER UNJUST ENRICHMENT? BORDER DISPUTES IN THE CONFLICT OF LAWS (AGAIN)
Hrvatske Šume v BP Europa
Under the European Union (Withdrawal) Act 2018, s.6, a court or tribunal in the United Kingdom “may have regard” to decisions of the Court of Justice of the European Union delivered after 31 December 2020 so far as they are relevant to any matter to be decided, although it is “not bound by” them.1 Although the recast Brussels I Regulation2 and the parallel Lugano (II) Convention3 do not apply to any proceedings commenced after that
* Professor of Law and Fellow of St Catherine’s College, University of Oxford.
1. European Union (Withdrawal) Act 2018 (“2018 Act”), s.6(1)–(2).
2. Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ( OJ L351/1).
3. Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Lugano, 30 October 2007)  OJ L339/3. For the time being, the UK’s wish to rejoin the Lugano regime as a third state has been rebuffed by the European Commission (see the Commission’s Communication (COM (2021) 222 final, 4 May 2021) and the Note Verbale from the European Commission to the Swiss Federal Council as Depositary, 22 June 2021).
Case and comment
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