ABSTRACT

Shipping litigation is affected by European Union (EU) regulations in the field of jurisdiction and the enforcement of judgments, and applicable law in contract and in tort. This chapter looks at each of these Regulations and Conventions, with a view to ascertaining what will be the position on Brexit day 30 March 2019. It examines the default position if no legislation is introduced to deal with the effect of existing EU regulations under domestic law. The chapter considers the position if EU Bill is enacted before Brexit day. It explores possible options for ratifying other international agreements relating to jurisdiction and enforcement of judgments where reciprocity with remaining 27 Member States of the EU may be thought desirable. The Brussels I Regulation entered into force on 1 March 2002 and replaced the Brussels Convention as between the Member States, except Denmark. An alternative would be for UK to ratify the 2007 Lugano Convention which applies the original Brussels Regulation regime.