Despite the fact that the UK has now left the EU, issues concerning the interpretation of EU regulations will continue to affect litigants in this jurisdiction for some time to come. Alec McCluskey recently represented a claimant seeking to obtain repayment of interest-free loans made in England to a resident of France, relying on the provisions in the Withdrawal Agreement between the UK and the EU which continue to apply Regulation (EU) 1215/2012 (the Brussels Regulation Recast) to actions commenced before the end of the Brexit transition period.

The defendant unsuccessfully challenged the jurisdiction of the Commercial Court, which held that the claimant had a good arguable case that, although the loans were not contracts for services within Regulation (EU) 1215/2012 art.7(1)(b), the governing law of the loans was English as their characteristic performance was rendered by the lender in England, and therefore under art.7.1(a) the borrower could be sued for non-payment in the place of performance of the obligation to repay, which was England.

Mr McCluskey appeared before Butcher J.