It is without a doubt that Brexit will have many implications on Ireland. Trading agreement issues, immigration limits, and economic consequences are among the topics of discussion of late. Of course these issues are among a multitude of other repercussions.
What, however, are the potential implications that Brexit will have on Irish/UK legal actions?
As matters stand now, pre Brexit, under EU Legislation Irish litigants can issue and serve proceedings against UK Defendants without the necessity for Court applications. This, however, may change following Brexit. Litigation will become much more complicated and the litigation process will require additional Court applications and perhaps the necessity to instruct UK law firms. In turn, proceedings against UK Defendants, and vice versa, will become much more complex and costly.
Another implication post Brexit, it would seem, is the potential problems enforcing Judgements. Brexit will make it more difficult for an Irish Judgement to be enforced in the UK and likewise for a UK judgement enforced in Ireland.
Other areas in the legal sphere which will undoubtedly experience changes following Brexit are employment law, banking and financial regulations, procurement law and intellectual property.
The uncertain legal issues emanating from Brexit are no doubt cumbersome to potential litigants considering initiating proceedings or indeed negotiating contracts. As regards existing litigation, it is widely hoped that any changes will be to only prospective arrangements rather than retrospective arrangements and that proceedings in being will be unaffected. Furthermore, it is hoped that agreements will be negotiated between the UK and the EU to circumvent many of the potential negative implications, agreements perhaps similar to those contained in the Lugano Convention. For now, we have to wait patiently to see what unfolds.
Contact us at Cantillons Solicitors at +353 (0)21 -4275673 or [email protected] if you would like advice or more information.
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