Jurisdiction After Exit Day: What Does The Draft Withdrawal Agreement Tell Us?

The Draft Withdrawal Agreement

The draft Withdrawal Agreement between the United Kingdom and the European Union was approved by the UK Cabinet on Wednesday 14 November 2018.

Formally the "14 November 2018 Draft Agreement on the Withdrawal of the United Kingdom ... from the European Union and the European Atomic Energy Community", the draft Agreement has now been published.

Of course, the draft Agreement requires the approval of (among others) the UK Parliament and the Member States who will remain in the EU. Donald Tusk, the European Council President, announced on Thursday morning that a special EU Brexit summit would take place "if nothing extraordinary happens" on 25 November 2018.

If the draft Withdrawal Agreement is approved what would be the rules on jurisdiction and the recognition and enforcement of judgments after Exit Day (currently scheduled for 11pm on 29 March 2019)?

What does the draft Withdrawal Agreement say about Jurisdiction?

Jurisdiction is dealt with by Article 67(1) of the draft Withdrawal Agreement. Broadly, that draft agreement provides "[i]n the United Kingdom, as well as in the Member States in situations involving the United Kingdom" for:

The continued application of the Brussels (Recast) Regulation 1215/2012 for legal proceedings "instituted before the end of the transition period": Article 67(1). The Brussels (Recast) scheme for legal proceedings which although not instituted by that date "are related to such proceedings" pursuant to Articles 29, 30 & 31: Article 67(1). Those Articles contain some of the Brussels Recast's lis pendens provisions, in particular involving (i) same cause of action, same parties (Article 29), (ii) related actions (Article 30); and (iii) exclusive jurisdiction of several courts (Article 31). And the Recognition and Enforcement of Judgments?

As to the recognition and enforcement of judgments, "[i]n the United Kingdom, as well as in the Member States in situations involving the United Kingdom" Article 67(2) provides for the Brussels (Recast) still to apply to "judgments given in legal...