Norway and the United Kingdom Post-Brexit: Recognising and Enforcing Judgements in Civil Matters

| Innsikt

The United Kingdom left the European Union on January 31, 2020 and the so-called "transition period", which is holding most pre-departure arrangements in place, ends on December 31, 2020. As the deadline gets closer and questions around future relations become more pressing, the United Kingdom and Norway have agreed to revive a bilateral treaty from 1961 regarding the recognition and enforcement of judgements in civil cases.

The 1961 treaty was essentially replaced by the Lugano Convention, to which the United Kingdom will not necessarily remain a party after Brexit. Therefore, on 13 October 2020 the two countries signed an agreement to reinstate the old treaty including certain amendments in the event that the United Kingdom does not become an independent party to the Lugano Convention. The agreement ensures the mutual recognition and enforcement of judgements in civil matters, thereby securing one part of the future relationship between Norway and the United Kingdom.

As an example; in the event that a Norwegian company is awarded damages from a British company in a Norwegian court, this judgement may be enforced in the United Kingdom, thereby ensuring the payment of the damages. This enabling of enforcement is beneficial for both businesses and private individuals.