Attention is turning to the impact of Brexit on areas that were not central to the popular political debate. One of these is the Brussels regime: the collection of treaties and regulations that harmonise the rules applying to jurisdiction and judgments in civil and commercial proceedings in EU member states.
Until the shape of the UK's relationship with the EU is settled there can be no certainty as to what effect Brexit will have on that regime. One can, however, immediately identify and evaluate the options that are most likely to replace the Brussels I Regulation (Recast).
This article looks at three steps the UK Government should take to assuage fears of upheaval in the system of commercial dispute resolution after Brexit.