Abstract

This article explores whether the Lugano Convention might be the appropriate instrument for the judicial cooperation between the European Union and the United Kingdom after Brexit. It argues that the mechanism of the Protocol no 2 to the Lugano Convention, which provides for an obligation to 'pay due account' of the case law of other Contracting Parties (including the CJEU), is an insufficient tool to keep the different procedural cultures of Civil and Common Law together. The only suitable solution will be a bilateral agreement between the UK and the EU which will not provide the same ...