International
Advice on matters with a connection to the United Kingdom.
London is our principal office and the seat of the company that operates this website. From here we coordinate matters in which British and European legal systems meet — a constellation that has changed fundamentally since withdrawal from the EU and in which many contracts and litigation strategies still rest on the old legal framework.
Circumstances
Clarify the context
Evidence
Preserve documents
Deadlines
Explain any urgency
Approach
Discuss the next steps
Overview
The legal framework after withdrawal from the EU
For matters with a UK connection, it is less the substantive law that has changed than the framework around it. The United Kingdom is no longer part of the European judicial area: the Brussels Ia Regulation no longer applies to proceedings commenced after withdrawal. That removes both the unified rules on jurisdiction and the largely automatic recognition and enforcement of judgments. In their place come national law, the Hague Convention on Choice of Court Agreements and — since the United Kingdom’s accession — the Hague Convention on the Recognition and Enforcement of Foreign Judgments of 2019.
In practical terms this means: a judgment from an EU Member State is no longer enforced in the United Kingdom as a matter of course, and the same applies in the other direction. Where a certificate once sufficed, a recognition procedure under the rules of the destination state must now be conducted, the requirements and duration of which differ. For ongoing business relationships the consequence is that jurisdiction and enforcement clauses drafted before 2021 have frequently lost their original effect — without anyone noticing, so long as no dispute arose.
The second cluster of issues concerns company structure. British companies no longer enjoy freedom of establishment in the EU, and EU companies with a British place of business are subject there to standalone registration and reporting duties. Anyone operating a Limited with its place of management in Germany faces questions about recognition of limited liability that did not exist before withdrawal. These situations can be resolved, but they are no longer self-explanatory.
The third area is data traffic. Transfers from the EU to the United Kingdom currently rest on the European Commission’s adequacy decision. Because that decision is time-limited and regularly reviewed, we recommend that companies with an ongoing data flow prepare appropriate safeguards under Art. 46 GDPR (DSGVO), rather than relying solely on the decision remaining in force. How we handle this dual legal position is set out in our privacy notice.
We work in both directions: for British clients with points of contact in the EU and for European clients with a British connection. Representation in court proceedings is in each case provided by locally admitted practitioners; our role is coordination and a fixed point of contact. Binding statements about the outcome of a proceeding are not possible — you will in any event receive a robust assessment of the prospects and risks.
Typical points of contact
- Contract with a British partner and a jurisdiction clause from before withdrawal
- EU judgment to be enforced in the United Kingdom
- British judgment to be enforced in an EU Member State
- Limited with its place of management in an EU Member State
- Data transfers between the EU and the United Kingdom
- Payments via British banks and payment-service providers
Overview
How the United Kingdom can be involved in a matter
The following scenarios describe typical starting positions, not concrete mandates. They show where the changed legal framework has a practical effect.
- 01
The jurisdiction clause from before withdrawal
A 2018 supply contract refers to the English courts and English law. Both remain in principle effective, but recognition of an English judgment in the EU now follows different rules from those at the time the contract was concluded. Before bringing a claim it is therefore necessary to examine whether the Hague Convention on Choice of Court Agreements applies and where a judgment can ultimately be enforced.
- 02
Payment via a British bank
A sum is transferred from an EU account to a recipient at a British bank and forwarded from there. Recall and information procedures then no longer run through the unified European mechanisms. Because one of the two principal offices is in London, requests to British institutions and authorities can be addressed directly from there.
- 03
Limited with its place of management in Germany
A British company is in fact managed from Germany. After withdrawal, the question arises whether limited liability will be recognised or whether the company will be treated under German law as a partnership — with personal liability of those involved. Depending on the facts, conversion or restructuring may be considered.
- 04
Data flow without a fallback
A company continuously transfers employee or customer data to the United Kingdom and relies solely on the adequacy decision. If that decision lapses or changes, the legal basis is missing. A review may be required in order to implement standard contractual clauses in advance.
Frequently asked questions
What clients with a UK connection frequently ask
The answers set out the framework in which we work. What applies in your case depends on the facts and may require an examination.
Practice areas and specialisms
How we assist where there is a UK connection
We provide the following services regardless of the state concerned. Which of them will hold in your case only emerges from the facts; we agree possible measures with you in advance.
- Cross-border litigationCoordinating parallel proceedings in several countries, objections to jurisdiction, taking evidence abroad and working with professionals admitted locally.
- International contract draftingChoice of law, jurisdiction and arbitration clauses, delivery terms and standard terms and conditions in cross-border business.
- Recognition & enforcementAssessing whether and how an enforceable decision can be recognised and enforced in another country, within the European judicial area and beyond.
- Jurisdiction & applicable lawAnalysis under the Brussels I bis, Rome I and Rome II Regulations, supplemented by the national conflict-of-laws rules of the countries concerned.
- Asset tracing & preservationTracing payment routes, pursuing rights to information from banks and platforms, and seeking interim relief to preserve assets.
- International fraud casesFraud, scams and cybercrime involving parties, accounts or platforms in several countries, from preserving evidence to enforcing claims.
- Companies & group structuresShareholdings, liability issues and directors’ responsibilities in companies based or operating abroad.
- Legal assistance & coordination with authoritiesWorking with authorities, banks and payment service providers across borders, including requests for information and reporting channels.
After your enquiry
How we work across national borders
The process is comparable in cross-border matters. Where there is a UK connection, examination of the applicable recognition regime is added as a separate step.
- 01
Clarify the facts and jurisdiction
We establish the sequence of events, the people and companies involved and the countries concerned. This identifies the courts that may have jurisdiction and the law likely to apply.
- 02
Set the strategy and sequence
Where several forums are available, the order of action often affects the outcome. We assess where to act first and which steps can usefully proceed in parallel.
- 03
Proceed in the countries concerned
Representation in court is undertaken by professionals admitted locally. We coordinate that work and remain your central point of contact.
- 04
Pursue recovery and enforcement
A judgment is only as useful as its enforceability. We assess at an early stage where assets are located and which enforcement routes the circumstances allow.
Contact
Describe your matter
An enquiry does not establish a client relationship or responsibility for monitoring deadlines. If a deadline is approaching, do not rely on this form alone.
- General information. The legal assessment depends on the circumstances of each case.