Queen's Speech December 2019 - Private International Law (Implementation of Agreements) Bill

Private International Law (Implementation of Agreements) Bill

“My ministers will bring forward legislation to ensure the United Kingdom’s exit on that date and to make the most of the opportunities that this brings for all the people of the United Kingdom.”

The purpose of the Bill is to:

• ●  Maintain and strengthen the UK’s role as a world leader in delivering justice across borders on civil and family justice issues.

• ●  Make it easier for UK individuals and families who become involved in international legal disputes to access justice.

  The main benefits of the Bill would be:

• ●  Implementing key international agreements to ensure that after Brexit we continue to have clear and effective legal rules agreed between the UK and other countries.

• ●  Helping families and businesses find efficient, predictable solutions to legal disputes that occur when businesses trade abroad or family relationships breakdown and parents move abroad.

• ●  Giving the Government the power to implement further agreements on Private International Law, which will allow the UK to remain at the forefront of delivering legal certainty and access to justice internationally.

• ●  Giving UK citizens greater confidence to live, work and trade internationally, further enhancing the UK’s status as a favoured place to resolve international civil, commercial and family disputes.

  The main elements of the Bill are:

● Clarifying in legislation the domestic implementation of three vital Conventions in Private International Law. These are:

• ○  The 1996 Hague Convention which improves the protection of children in cross-border disputes. It helps people to resolve issues around custody of and contact with children where parents live in different countries.

• ○  The 2005 Hague Convention which provides legal certainty in disputes relating to cross-border contracts, ensuring there is no confusion over

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where a case should be heard, and that any resulting decision can be recognised and enforced in other countries.

○ The 2007 Hague Convention which provides rules for the international recovery of child support and other forms of family maintenance. This makes it harder for parents who live abroad to avoid their maintenance obligations.

● Providing the power for the Government to implement further international agreements on Private International Law. This will allow the UK to maintain its status as a world leader in facilitating international co-operation on civil justice issues.

Territorial extent and application

● The aim is for the Bill's provisions to extend and apply to the whole of the UK (subject to agreement from the DAs).

Key facts

• ●  Legal services contribute over £25 billion per annum to the UK economy.

• ●  The UK accounts for around 6.5 per cent of global legal services fee revenue.

• ●  Over 50 states participate in the 1996 Hague Convention including all EU member states, Australia, Switzerland and Norway.

• ●  31 states participate in the 2005 Hague Convention including all EU member states, Montenegro, Singapore and Mexico.

• ●  Nearly 40 states participate in the 2007 Hague Convention including all EU member states (bar Denmark), the United States of America, Norway and Brazil.