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Leaving Lugano: Is this the last chapter in the Brexit saga on jurisdiction and judgments? “Oui ou Non?”

Posted by Jacqueline Cook on May 7, 2021 1:16:32 PM

By Jacqueline Cook, Senior Knowledge Development Lawyer

The uneasy rumblings in the media recently on whether the UK would be welcomed back by the European Union (EU) into the Lugano Convention family were confirmed on 4 May 2021, when the European Commission issued its 'Communication from the Commission to the European Parliament and the Council'[1] with its assessment on the application of the UK to accede to the 2007 Lugano Convention on the jurisdiction and recognition and enforcement of judgments (Lugano Convention). It recommended that the EU should not give its consent to UK accession. This communication has been met with disappointment by the legal profession[2] and characterised by the media as a political decision, rather than one based on common sense. However, there is room for hope — this is not quite the last chapter in the saga of the EU/UK relationship in the area of choice of court agreements, jurisdiction and judgments.

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Topics: Brexit, Lugano Convention

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Talking Trade Finance is here to provide you with all of the latest updates in the Trade & Export Finance Industry.

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Meet the Editor


Sam Fowler-Holmes is a partner in the Trade & Export Finance Group in Sullivan’s London office. He specialises in structured and unstructured trade, commodity and export finance, advising both financial institution and corporate clients on a range of financing products including pre-export financing, prepayment financing, letter of credit and payment instrument facilities and working capital and borrowing base financings. Sam is a regular speaker at the Sullivan trade and export finance seminars and is a member of the ITFA Emerging Leaders Committee.


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