E&W Brussels I (recast)—domicile (Arts 4 and 63) [Archived]

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Published by a LexisNexis Dispute Resolution expert
Practice notes

E&W Brussels I (recast)—domicile (Arts 4 and 63) [Archived]

Copyright © 2025 LexisNexis

Published by a LexisNexis Dispute Resolution expert

Practice notes
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ARCHIVED: This Practice Note has been archived and is not maintained.

This Practice Note considers the general rule set out in Article 4 of Regulation (EU) 1215/2012, Brussels I (recast) when determining the relevance of a defendant’s domicile to the jurisdiction of the court. It explores when that might be derogated from while providing links through to detailed coverage on specific rules. It also considers the English law position in relation to determining the domicile of both individuals and companies.

Impact of UK’s departure from the EU

Following exit day (ie 31 January 2020), the UK became a third state in respect of Regulation (EU) 1215/2012, Brussels I (recast).

As a result of transitional provisions in the Withdrawal Agreement between the UK and the EU, the UK remained subject to Regulation (EU) 1215/2012, Brussels I (recast) during the implementation period, which began on exit day and ended on IP completion day (ie 31 December 2020, at 11 pm).

The position post IP completion day requires consideration of the specific provisions

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Jurisdiction(s):
United Kingdom
Key definition:
Recast definition
What does Recast mean?

A recast piece of EU legislation is the result of a mix of substantial amendment and codification; the new EU legal act will have its own new name and number as it will go through the full legislative procedure.

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