Hard Brexit Impact Analysis

Page 20 of 106 Category If no agreement is reached: Consequence EU Document Civil Justice Recognition and enforcement: judgments issued in the United Kingdom are no longer recognised and enforced in EU Member States under the rules of the EU instruments in the area of civil and commercial law as well as family law, and vice versa. UK rulings will no longer be recognised and enforced in Ireland after the withdrawal date. Applies to Civil, commercial and family law. Irish rulings will no longer be recognised and enforced in the UK after the withdrawal date. Applies to Civil, commercial and family law. WITHDRAWAL OF THE UNITED KINGDOM AND EU RULES IN THE FIELD OF CIVIL JUSTICE AND PRIVATE INTERNATIONAL LAW Civil Justice Judicial cooperation procedures: EU instruments facilitating judicial cooperation (e.g. in relation to the service of documents, taking of evidence or within the context of the European Judicial Network in Civil and Commercial Matters) no longer apply between EU Member States and the United Kingdom. Cooperation between the UK courts (and Northern Ireland) will become slower. WITHDRAWAL OF THE UNITED KINGDOM AND EU RULES IN THE FIELD OF CIVIL JUSTICE AND PRIVATE INTERNATIONAL LAW Civil Justice Specific EU procedures: EU instruments making available specific procedures, in particular the European Payment Order Procedure or the European Procedure for Small Claims, will no longer be available in courts of the United Kingdom and will not be available in the courts of EU Member States where one or more parties are domiciled in the United Kingdom. UK small claims legislation will apply in the UK. UK residents cannot avail of EU procedures in courts in the EU 27. WITHDRAWAL OF THE UNITED KINGDOM AND EU RULES IN THE FIELD OF CIVIL JUSTICE AND PRIVATE INTERNATIONAL LAW Company Law UK incorporated companies will be third country companies and therefore not automatically be recognised under Article 54 of the Treaty on the Functioning of the European Union by the Member States. Depending on the applicable national or international law rules, such companies might not have a legal standing in the EU and shareholders might be personally liable for the debts of the company. WITHDRAWAL OF THE UNITED KINGDOM AND EU RULES ON COMPANY LAW