Comments on: A Hard Brexit for Civil International Judicial Assistance?

By: On Brexit and the Absence of Cooperation on Civil and Commercial Matters – EAPIL

Sat, 02 Jan 2021 07:07:22 +0000

[…] reported in other blogs (see for instance here and here), the Trade and Cooperation Agreement that the EU and the UK managed to conclude right before the […]

By: Ted Folkman

Ted Folkman — Mon, 28 Dec 2020 13:13:48 +0000

In reply to Peter Bert. Thanks, Peter! I suppose I knew that not all EU countries were parties to all of the reevant conventions, having dealt with Austria in particular before. And you are right to highlight the risk to access to justice for litigants without much money. Still, I think the new situation is friction slowing down the car, not a Jersey barrier blocking the way.

By: Peter Bert

Peter Bert — Mon, 28 Dec 2020 11:40:38 +0000

Thanks, Ted, for the view from across the pond. I agree: It will not be the end of the world (only of the world as we got to know it). Businesses will be able to adapt (with our professional assistance) and absorb delays and higher costs.
BUT: First, it’s an unnecessary step back, and secondly, Brussels II on family matters also falls away, affecting those who may not be able to easily afford legal counsel.
And the Hague conventions are a patchwork across Europe, with, for example, Austria but not the UK not being a party to the Evidence Convention, and the UK but not Germany being a party to the Divorce Convention.