The withdrawal of United Kingdom from the European Union results in the United Kingdom becoming a ‘third country’ in the field of judicial cooperation in civil matters. Consequently, the handling of civil matters involving both Hungary and the UK and the method of cooperation will change.
After the withdrawal, Articles 66 to 69 of the Withdrawal Agreement will apply, taking into account the transition period until 31 December 2020 set out by Article 126 of the Agreement, according to which EU rules will apply in and to the United Kingdom until the end of the transition period.
Specifically, in legal proceedings instituted before the end of the transition period, Hungarian and UK courts will apply the relevant EU Regulations for jurisdiction, and the recognition and enforcement of judgments given in legal proceedings instituted before the end of the transition period will be possible under the EU rules. The applicable law in cases concerning contracts and non-contractual obligations will be determined by UK courts in accordance with EU Regulations for contracts concluded, or events giving rise to damage occurred before the end of the transition period. Proceedings for a European payment order and small claims procedures will be conducted according to the relevant EU Regulations if the application was lodged before the end of the transition period. The relevant EU Regulation (Council Regulation (EC) No 1346/2000, which was repealed and replaced by Regulation (EU) 2015/848 of the European Parliament and the Council) will apply to ongoing insolvency proceedings if the main insolvency proceedings were opened before the end of the transition period. The United Kingdom’s insolvency register will not be connected to the IT system of EU for the interconnection of Member States' insolvency registers. The E-Justice Portal will not be able to provide information on changes to insolvency law in the future.
Cooperation between the Hungarian and UK central authorities in matters of maintenance and parental responsibility will continue under the EU Regulations if the requested central authority received the application before the end of the transition period. Cooperation in matters of service of documents, taking of evidence and legal aid will continue under EU rules if the requested authority received the request before the end of the transition period. Similarly, EU law will govern cooperation in compensation of victims of crime if the deciding authority receives the application before the end of the transition period, and in mediation procedures in civil and commercial matters, if, before the end of the transition period, the parties agreed to use mediation, mediation was ordered by the court, or a court invited the parties to use mediation.