NEWS “without comment”
LETTERS BLOGATORY
The Blog of International Judicial Assistance | By Ted Folkman
E: tfolkman@lettersblogatory.com
Date: Monday, 28 December 202
Subscribe at: https://lettersblogatory.com/subscribe/
A Hard Brexit for Civil International Judicial Assistance?
A “hard Brexit” in the field of international judicial assistance would mean that the Hague Service, Evidence, and Choice of Court Agreements Conventions (and maybe the Apostille Convention, would spring into effect as between the UK and the EU, and that except in cases governed by COCA, (Convention on Certification Apostilles) there would be no multilateral agreement in place on recognition and enforcement of judgments in civil cases.
With respect to COCA, the Convention will be in force between the UK and all EU member states, because the EU approved the Convention as a Regional Economic Integration Organization.
With respect to the other conventions, one would have to check (I haven’t) to see whether all EU member states are parties to each convention.
A Hard Brexit for Civil International Judicial Assistance?
Friend of Letters Blogatory Peter Bert has observed that the draft Brexit treaty does not seem to make any provision for judicial cooperation in civil cases. As Peter noted almost a year ago, a “hard Brexit” in the field of international judicial assistance would mean that the Hague Service, Evidence, and Choice of Court Agreements Conventions (and maybe the Apostille Convention, though Peter doesn’t mention it specifically) would spring into effect as between the UK and the EU, and that except in cases governed by COCA, there would be no multilateral agreement in place on recognition and enforcement of judgments in civil cases. With respect to COCA, the Convention will be in force between the UK and all EU member states, because the EU approved the Convention as a Regional Economic Integration Organization. With respect to the other conventions, one would have to check (I haven’t) to see whether all EU member states are parties to each convention.
For any overseas Process requests inward/outward, we would suggest checking with the client as to the legal status Post Brexit.
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