Amended court rules cover post-Brexit transition issues
Amended rules dealing with certain matters before the Scottish courts after the end of the Brexit transition period have been signed by the Lord President.
For the Court of Session, the rules, contained in the Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2020, implement the Convention on Choice of Court Agreements, concluded at The Hague on 30 June 2005. The Convention requires a court of a contracting state which has been designated by an agreement to deal with disputes arising under it, to hear a case (and other courts to decline to do so), and for recognition and enforcement of its judgment in other contracting states.
The court's rules covering insolvency proceedings are also amended consequential to legislative changes made by the Insolvency (Amendment) (EU Exit) Regulations 2019 (SI 2019/146), and their Scottish equivalent (SSI 2019/94). Corresponding rules are made for the sheriff court.
Other changes correct deficiencies in the Fatal Accident Inquiry Rules in relation to service of documents under the Hague Service Convention arising from EU exit, and the application of the Convention post-exit.
The rules come into force on "IP completion day", which means on the end of the transition period at 11pm on 31 December 2020.