On 13 September 2018, the British Ministry of Justice has released a statement regarding how British courts are to handle civil cases in case of a hard (“no deal”) Brexit.
As to general civil and commercial matters, the paper indicates that various EU instruments, including Brussels Iaw, would no longer apply. Instead:
“For rules in these areas, we would instead revert to the existing domestic common law and statutory rules, which currently apply in cross border cases concerning the rest of the world, to govern our relationship with the remaining EU countries (and Iceland, Norway and Switzerland).
Businesses, individuals and legal practitioners would need to consider how these rules interact with the domestic rules of relevant EU countries to determine how jurisdiction in cross-border disputes should be established and whether any judgments should be recognised and enforced.
In certain cases, the interaction between these rules may not be clear and certain countries may not recognise judgments from UK courts. Businesses and individuals may wish to take legal advice about how these changes may affect your individual circumstances.”