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17 J. Priv. Int'l L. 1 (2021)

handle is hein.journals/jrlpil17 and id is 1 raw text is: Journal of Private International Law, 2021                        Routled ge
Vol. 17, No. 1, 1-17, https://doi.org/10.1080/17441048.2021.1894757  **Tayor&Fancis roup
Some reflections on the way ahead for UK private international
law after Brexit
Paul Beaumont*
Since 1 January 2021 the UK has moved out of the implementation period for
its withdrawal from the European Union (EU) and it is an appropriate time to
reflect on the way forward for the UK in developing private international law.
This article considers the practical steps that the UK should take in the near
future. There is significant work that the UK can do to progress its
commitment to the progressive unification of the rules of private
international law by improving its commitment to the effective
functioning of several key Conventions concluded by the Hague
Conference on Private International Law (HCCH). Some of these steps can
and should be taken immediately, notably accepting the accessions of other
States to the Hague Evidence and Child Abduction Conventions and
extending the scope of the UK's ratification of the Adults Convention to
England and Wales, and Northern Ireland. Other things require more
consultation and time but there are great opportunities to provide
leadership in the world by ratifying the Hague Judgments Convention 2019
and, when implementing that Convention which is based on minimum
harmonisation,  providing  leadership  in  the  Commonwealth   by
implementing, at least to some extent, the Commonwealth Model Law on
Recognition and Enforcement of Civil and Commercial Judgments. Within
the  UK,   as  a   demonstration  of  best  constitutional practice,
intergovernmental cooperation between the UK Government and the
devolved administrations should take place to consider how intra-UK
private international law could be reformed learning the lessons from the
UK Supreme Court's highly divided decision in Villiers. Such work should
involve the best of the UK's experts (from each of its systems of law) on
private international law from academia, the judiciary and legal practice.
Doing so, would avoid accusations that Brexit will see a UK run by
generalists who give too little attention and weight to the views of experts.
*FRSE, Professor of Private International Law, University of Stirling School of Law.
Email paul.beaumont@stir.ac.uk. This paper was first presented at the AHRC/Journal of
Private International Law Workshop on 27 November 2020 and has been updated to 14
February 2021. Paul Beaumont was the Principal Investigator on the AHRC Research
Network Grant entitled Where Do We Go from Here? The Development of Private Inter-
national Law in the UK and the Post Brexit Environment that ended in November 2020. I
am grateful to Jayne Holliday for her comments on an earlier version of this paper particu-
larly on the Hague Adults Convention. I am also grateful to my co-editor of the Journal,
Professor Jonathan Harris QC, and the two anonymous referees for handling this sub-
mission so quickly and for the one word change that resulted.

© 2021 Informa UK Limited, trading as Taylor & Francis Group

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