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I plan to take my ex landlord to court, who has now given me an Austrian contact address. I have not started the proceedings yet, so I imagine that the case might not finish until after 31st October.

My question is, if I started the court proceedings, would they continue after the 31st October even if we left the EU, or would the ongoing court proceedings simply be dropped?

EDIT: Just to clarify - I am not planning to make a claim via the UK courts, it will be via the EU courts; i.e. https://e-justice.europa.eu/content_small_claims-42-en.do

  • There is no such thing as an "EU court" until you get to the European Court of Justice - and your case is very unlikely to get there. You presumably mean "via the Austrian Courts". – Martin Bonner supports Monica Sep 13 '19 at 15:09
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Nothing

If you sue someone in a UK court, Brexit will have no effect on the procedure.

Then, as now, this will be entirely a matter of English & Welsh or Scottish or Northern Ireland law as applicable. If successful, then, as now, you will have to ask the Austrian courts to enforce the judgement. Then, as now, the entire thing will be a giant pain in the ass.

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  • Hi Dale, I mean I will be making a claim via the EU courts, i.e. e-justice.europa.eu/content_small_claims-42-en.do – Lost Crotchet Sep 12 '19 at 12:57
  • @LostCrotchet Why will you be suing your landlord in the Austrian court rather than your local court? Where was the tenancy? – Martin Bonner supports Monica Sep 13 '19 at 15:08
  • @MartinBonnersupportsMonica He will not. He will be suing the landlord in the UK and ticking the box to make the claim enforceable EU wide. Admittedly, that's not what he said but I think that's what he meant. – richardb Dec 20 '19 at 11:47
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Ongoing court proceeedings will continue:

If the UK leaves the EU without a deal, you will no longer be able to use these services and will not be able to make a new claim. You will be able to complete existing claims.

https://www.gov.uk/recover-debt-from-elsewhere-in-european-union

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