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  • 24 - Jurisdiction, Choice of Law and Enforcement of Foreign Judgments

  • from Part VIII - Judicial Co-operation
  • Edited by Christopher McCrudden, Queen's University Belfast
  • Book:
    The Law and Practice of the Ireland-Northern Ireland Protocol
    Published online:
    20 January 2022
    Print publication:
    03 February 2022, pp 296-306
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  • Summary

    This chapter explains and maps the WA’s and the Protocol’s perhaps surprising silence on private international law, or the conflict of laws: the rules that govern international private law litigation. There is an explanation for the failure to provide for any matters in respect of choice of law: the UK can, and has been able to, adopt a quick fix in domestic law, with no need for EU involvement or reciprocity, that maintains the status quo ante. Jurisdiction and recognition and enforcement of judgments, however, do not admit of any easy or comprehensive answers. It appears that the UK’s best chance of minimizing disruption in this area has now been taken off the table by the EU, leaving uncertainty about the future.