1. Risk of withdrawal of mutual recognition of judgments - Brussels I Recast allows civil or commercial judgments by a Court in any EU Member State to be "passported" to all other EU Member States using a standard certificate and without Court recognition in another EU Member State. The Lugano Convention (between EU Member States, Switzerland, Norway and Iceland) allows mutual enforcement of judgments with Court recognition. If the UK is neither an EU Member State nor a party to the Lugano Convention post-Brexit, there is a risk that recognition of judgments between Ireland and the UK may become more cumbersome, restrictive and expensive.
  2. Risk of parallel litigation and conflicting judgments - There is a greater risk of parallel litigation and conflicting judgments in litigation with an EU/UK dimension if the UK is no longer party to Brussels I Recast which coordinates jurisdiction between EU Member States.
  3. Risk of protective measures in support of litigation being inhibited - There is a risk that it may become more difficult to invoke provisional protective measures in support of litigation with an EU/UK element (e.g. urgent cross-border injunctions or asset freezing) if the UK is no longer party to Brussels I Recast.
  4. Risk of choice of law clauses being ineffective - There is a risk of choice of law clauses being ineffective for contracts with an EU/UK dimension if the UK is no longer party to the Rome I and Rome II Regulations.
  5. Risk of choice of jurisdiction clauses being ineffective - There is a greater risk of both EU and UK Courts asserting jurisdiction if the UK is no longer party to Brussels I Recast which harmonises rules on enforceability of choice of jurisdiction clauses.