Providing a cross-border civil judicial cooperation framework – a future partnership paper

Further information
As the United Kingdom left the European Union, the Government would seek a deep and special partnership with the EU. Within this partnership, cross-border commerce, trade and family relationships would continue. Building on years of cooperation across borders, it was vital for UK and EU consumers, citizens, families and businesses, that there were coherent common rules to govern interactions between legal systems.

To this end, the UK, as a non-member state outside the direct jurisdiction of the Court of Justice of the European Union (CJEU), would seek to agree new close and comprehensive arrangements for civil judicial cooperation with the EU.
The United Kingdom government issued on the 22 August 2017 the fifth of a series of papers putting forward its negotiating position on the UK’s future partnership with the European Union (EU). It was published in the context of the negotiations being undertaken with the EU for the UK to leave the union following the Brexit referendum vote of June 2016.

This paper outlined the United Kingdom's position on cross-border civil judicial cooperation in the future partnership.

Blog: EU Law Analysis, 22.08.17: Cross-border civil litigation after Brexit: analysis of the UK government’s proposals http://eulawanalysis.blogspot.co.uk/2017/08/cross-border-civil-litigation-after.html

European Commission: Position paper on Judicial Cooperation in Civil and Commercial matters (TF50 (2017) 9/2 ) https://ec.europa.eu/commission/sites/beta-political/files/essential-principles-civil-commercial-matters_en_0.pdf

BBC News, 22.08.17: Brexit: UK seeks 'close co-operation' on legal disputes deal http://www.bbc.co.uk/news/uk-politics-41000435

The Guardian, 22.08.17: Abducted UK children at greater risk if legal ties cut, Brexit officials say https://www.theguardian.com/politics/2017/aug/22/abducted-uk-children-at-greater-risk-if-legal-ties-cut-brexit-officials-say

The Guardian, 22.08.18: UK offers climbdown on European courts deciding cross-border cases https://www.theguardian.com/politics/2017/aug/21/brexit-paper-backs-away-from-pms-promise-of-judicial-independence

ESO: In Focus: Brexit - The United Kingdom and the European Union http://www.europeansources.info/record/brexit-the-united-kingdom-and-the-european-union/

UK: GOV.UK: Tag: Brexit https://www.gov.uk/government/policies/brexit

Politico, 21.08.17: UK calls for ‘clarity’ on cross-border civil disputes after Brexit http://www.politico.eu/article/uk-calls-for-clarity-on-cross-border-civil-disputes-after-brexit/

UK: GOV.UK: FCO / Ministry of Justice: Balance of Competences Review: Civil Judicial Cooperation, 2014 https://www.gov.uk/government/consultations/balance-of-competences-review-call-for-evidence-on-civil-judicial-cooperation

EUObserver, 22.08.17: UK to recognise some rulings by EU states' courts https://euobserver.com/uk-referendum/138775

Conservative Home, 22.08.17: David Lidington: Mutual recognition of UK and EU courts would show that both sides are putting citizens first (David Lidington, MP for Aylesbury, Lord Chancellor and Secretary of State for Justice) https://www.conservativehome.com/platform/2017/08/david-lidington-mutual-recognition-of-uk-and-eu-courts-would-show-that-both-sides-are-putting-citizens-first.html

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