The United Kingdom’s exit from the European Union challenges the existing framework for cross border consumer dispute resolution and exacerbates the negative effect of the EU’s harmonisation approach in this area. Both EU and UK consumers face an uncertain future after the transition period. This paper will analyse and evaluate key challenges to UK and EU consumer cross border dispute resolution after the transition period ended on 31 December 2020. The paper will consider procedural impediments to UK consumers enforcing consumer rights against EU/EEA traders as well as to EU consumers enforcing rights against UK traders. The paper will also consider the jurisdictional impact of UK’s status and its effect upon the reciprocal enforcement of consumer court judgments/ADR decisions between the EU and UK. Finally, the paper suggests that a Lugano+ approach would help to mitigate the impact of the impediments to effective consumer dispute resolution between EU and UK entities. In doing so, it first takes a preliminary look at the existing paradigm of cross border cooperation in consumer dispute resolution. The chapter also includes some thoughts on the normative clashes facing the creation of a new relationship in this area.
|Number of pages||25|
|Journal||Revista Ítalo-Española De Derecho Procesal|
|Early online date||25 Mar 2022|
|Publication status||E-pub ahead of print - 25 Mar 2022|
Bibliographical noteDerechos de autor 2022 Revista Ítalo-española de Derecho procesal. Esta obra está bajo una licencia internacional Creative Commons Atribución 4.0.
- Dispute resolution