European Small Claims Procedure after Brexit during Transition Period

[Solly]

Hello dear forum members, I am new here and was just wondering whether the European Small Claims Procedure will still be available after Brexit during the Transition Period. Does anyone know?

I have been doing a job for a client in a EU member state. They have now decided not to pay and have gone AWOL. Still trying to resolve it amicably but don't have much hope and am worried that I'll have to go through their national system after 31st Jan. Stupidly didn't put a jurisdiction clause in the contract (but know better now). Should I put the claim in now just in case? Thank you - any help is massively appreciated!

[GhostofTarbera]

Everything remains the same for a year

If you are an ipse+ member claim on your insurance


Sent from my iPhone using Contractor UK Forum

[WordIsBond]

I'd venture no one here (even those who sound most sure) knows the exact status on this.

I'd put the claim in, personally. What's to be gained by waiting?

[NotAllThere]

You've got until at least the end of the year.

[BlasterBates]

Nothing changes legally until the end of the year.

[WordIsBond]

Have you guys read the entire WA to be sure of that?

[Solly]

Thanks for all your input and for the pointer to the WA - hadn't thought of that!

I have actually just taken a look at it and - as far as I can tell - it appears that claims which are lodged during the transition period are covered:

Art. 67, 3 e): "EC Regulation 861/2007 ... shall apply to small claims procedures for which the application was lodged before the end of the transition period."

EC Regulation 861/2007 was the original regulation establishing the small claims procedure.

Hopefully, I have understood that correctly...

Thanks again for your time and input!