EU Deny UK Accession To Lugano Convention

 In Brexit, Business English, Legal English

How Proficient Will Your Legal English Be In Fall-Out Of Brexit?

Brexit seems to be causing more problems than solutions. And Britain’s decision to leave the EU is not only having a negative impact on UK citizens but across Europe as well.

Legal professionals in Austria anticipated there would be changes. I wonder how many predicted how Brexit would challenge their proficiency in legal English?

Answers on a postcard. Or an email will suffice.

The fall-out of Brexit is still in its early phase but we are already starting to see Britain’s exit will shape international law. The latest bomb drop is Brussels’ refusal to admit the UK into the Lugano Convention.


EU Deny UK Accession To Lugano Convention

After several months of debate, the European Union slammed the door of the Lugano Convention in Britain’s face. Ouch.

Why does this pose a problem?

Since Britain decided to separate from the EU, trading barriers have been erected. Barriers typically lead to conflict and conflict usually lead to court. The question for litigators in the post-Brexit era is which court claims will be held.

So why did the Commission refuse to admit the UK? That seems to be a bone of contention fuelled by political motivation rather than common sense. The UK’s lord chancellor huffed there is no “legal basis” for the snub.

To be fair to the Commission, several commentators in the UK had already hinted that leaving the Single Market would make it difficult for the terms of the Convention to apply.

Such comments are clearly not going to sit well with Brussels. I think they still have a bitter taste in their mouth despite claims the “new chapter” will be friendly.

In this “new chapter,” the EU has closed the book on the UK’s ascensions to the Lugano Convention. Although the Commissions existence may appear as a technical abstract, it’s an important legal tool for cross-border applications in civil and commercial law.


What does this mean for Jurisdiction?

The question of jurisdiction and enforcement issues to govern legal disputes between UK companies and their international counterparts will fall under the terms of the 2005 Hague Convention.

There are also a number of bilateral treaties between the UK and a number of EU and EFTA States. However, many commentators feel the provisions under these agreements will prove “unsatisfactory”.

The legal framework within the UK will largely be based on the Withdrawal Act 2018. As we have already seen, English courts are prepared to reintroduce old British laws rather than retain EU law. And the English legal system is renowned for basing judgements on precedent law.

If English law takes precedent (pardon the pun), law professionals in Austria should expect to expand their proficiency in legal English. Although there is a lot of crossover in the vocabulary of EU legal English, the significant difference is the degree of formality adopted in English courts.

Legal English still uses archaic expressions adopted from Latin, Germanic and French rulership. To non-English natives, ye olde English can sound confusing.

Legal professionals in Vienna may need to seek the assistance of native English speakers with experience in teaching legal English. Our experienced tutors of personalised 1-on-1 courses and can work through legal documents with you.



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