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Outer Temple Talks; Brexit. The impact of Brexit on jurisdiction on contract claims

In the first of this mini-series of ‘Outer Temple Talks; Brexit’ vlogs, Helen Pugh and Dan Clarke discuss the impact of Brexit on jurisdiction in contract claims.

Brexit impacts many aspects of the legal system. Members of Outer Temple Chambers have produced a series of short vlogs discussing some of the key issues, from commercial considerations to changes in travel and international injury law.  

In this episode, Helen and Dan look at the impact of Brexit from a commercial point of view. As far as civil and commercial jurisdiction is concerned, there was a ‘hard’ Brexit with the UK falling out of Brussels 1A regime. Helen and Dan look at the implications for claims in contract. 

A discussion about jurisdiction

This vlog covers:

  • Provisions of Brussels 1A that will disappear
  • The common law regime and its exceptions
  • The most common grounds for jurisdiction in contract claims
  • Rule 6.33 reforms and the types of cases impacted
  • Hague Convention cases and exceptions
  • Gateways – PD 6B and service out of the jurisdiction, specifically gateways 6, 7 and 8.
  • Reasonable prospects of success (and some of the Supreme Court cases on this topic)
  • Forum non conveniens
  • What comes next (including possible UK accession to the Lugano Convention)

Watch the discussion here

Find Out More

Helen Pugh is an established commercial and insolvency junior with experience of a broad range of matters including professional negligence, company and shareholder disputes, civil fraud, and arbitration. Her practice has a significant cross-border element and she frequently works with multi-jurisdictional teams.

Dan Clarke practises in commercial and personal injury law with a particular specialism in cases with an international element, including claims raising conflicts of law and jurisdictional issues. He also has experience of acting in claims in other jurisdictions including in the Privy Council and in Jersey. 

To find out more about Helen contact Matt Sale or Peter Foad +44 (0)20 7353 6381. To find out more about Dan please contact Paul Barton or Mark Gardner on +44 (0)20 7353 6381. 

Webinars & Recordings 30 Apr, 2021


Daniel Clarke

Call: 2005

Helen Pugh

Call: 2008

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