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Leaving Lugano: Is this the last chapter in the Brexit saga on jurisdiction and judgments? "Oui ou Non?" | Sullivan & Worcester


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The uneasy rumblings in the media recently on whether the UK would be welcomed back by the European Union (
EU) into the Lugano Convention family were confirmed on 4 May 2021, when the European Commission issued its Communication from the Commission to the European Parliament and the Council [1] with its assessment on the application of the UK to accede to the 2007 Lugano Convention on the jurisdiction and recognition and enforcement of judgments (
Lugano Convention). It recommended that the EU
should not give its consent to UK accession. This communication has been met with disappointment by the legal profession[2] and characterised by the media as a political decision, rather than one based on common sense. However, there is room for hope this is not quite the last chapter in the saga of the EU/UK relationship in the area of choice of court agreements, jurisdiction and judgments. ....

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