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 Jurisdiction, recognition and enforcement of judgments in civil and commercial matters

In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (hereinafter: the “Withdrawal Agreement”), a transition period lasted until 31 December 2020, during which European Union law applied to the United Kingdom, with the same effect as for all Member States.

In relation to court proceedings, the rules for choosing the court before which the plaintiff will be able to assert their rights and the issues of recognition and enforceability of judgments between the Member States of the European Union are regulated in Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (hereinafter: the “Brussels Ia Regulation”).

In accordance with the provisions of the Brussels Ia Regulation, it is possible, for example, to bring an action before a court in Poland in a case concerning a contract with a contractor from another Member State of the European Union or in a case for compensation for a tort committed in Poland by a person domiciled in another Member State of the European Union. In addition, it is possible to enforce a judgment issued by a Polish court in the territory of another Member State without the need to conduct special proceedings.

The Brussels Ia Regulation applies in relations with the United Kingdom only in relation to those court proceedings in which the claim or application was filed before the end of the transitional period, i.e. until 31 December 2020.

That is, the recognition and enforcement of judgments, based on the regulations contained in the Brussels Ia Regulation, will only take place in relation to judgments issued in those proceedings in which the claim (or application in non-contentious proceedings) was filed before the end of the transitional period. Court settlements will, however, be recognised and enforceable if they have been approved or concluded before the end of the transition period.

In cases where the claim (or application in non-contentious proceedings) was filed after 31 December 2020, judgments given by courts of the Member States will not be automatically recognised in the UK, nor will the jurisdiction of the courts be determined on the basis of the Brussels Ia Regulation. These cases will be decided on the basis of international agreements or, in their absence, the domestic law of the UK and the EU Member States.

However, if a final and conclusive judgment given by a court in the EU in a given case, where the Agreement between the parties provides for an exclusive choice of court, it will be recognised and enforced in the UK. However, the situation depends on the circumstances and complexity of each case.

The UK is not a party to the Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters, signed in Lugano on 30 October 2007. This protection ended when the UK left the EU. In January 2021, the UK’s formal application to join the Lugano Convention was blocked by the European Commission (EC). This meant that future attempts to bring legal claims against global companies based in the UK could once again be thwarted by forum non conveniens.

If you are unsure about which court to pursue your claim in, we will provide you with information on the legal rules and procedures and guide you through the process to avoid common mistakes.