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EU outlines the post-Brexit private law legal situation

The European Commission has published a document outlining how the UK’s withdrawal from the EU will affect civil justice and private international law.

The UK left the EU on 1 February, but it is still subject to EU law until the end of a transition period at the end of this year.

The paper points out that, even if an agreement on new trade arrangements is finalised by the end of this year, the UK will still be a third country as regards the implementation and application of EU law in its member states.

The document outlines the legal situation which will apply after the end of the transition period.

Contractual choices

It advises all stakeholders to “assess past and future contractual choices of UK jurisdiction”.

The commission points out that, according to Article 67(1) of the Withdrawal Agreement, in respect of proceedings instituted before the end of the transition period, EU rules on international jurisdiction continue to apply in the UK and in EU member states in situations involving the UK.

The document also covers areas such as contractual and non-contractual matters, recognition and enforcement, insolvency, legal aid and mediation.