While the much-discussed UK-EU ‘reset’ does not directly address the needs of international injury victims, its emphasis on civil judicial collaboration lays the groundwork for potentially transformative developments in cross-border access to justice. As both sides explore deeper alignment, the reset could pave the way for the UK’s reaccession to the Lugano Convention or a new bilateral framework. This would be a critical step towards restoring access to justice and legal certainty for injury victims navigating complex international disputes.

In this article, International Injury partner Christopher Deacon explains what is and is not addressed within the reset, and what more should be done to ensure EU and UK nationals have access to justice.

What is the UK-EU reset agreement?

The UK-EU reset describes  the renewed agenda for cooperation between the European Union and the United Kingdom following a summit of their leaders in London on 19 May 2025. It follows the manifesto commitment by the Labour government, elected in July 2024, to improve relations between the UK and EU, which is currently mainly governed by the Trade and Cooperation Agreement.

Following the summit, held at the prestigious Lancaster House, a UK government building often used as a backdrop for international meetings and diplomacy, the UK and EU issued a joint statement reaffirming the UK and EU’s shared values and a commitment to deeper cooperation. This statement places particular emphasis on defence and security but also touches on judicial cooperation and commits to regular high-level meetings to consider joint strategic interests, notably in the areas of economy and trade, justice and home affairs.

The joint statement was accompanied by a “Common Understanding” document, which expanded on the key areas of focus, and an “Explainer” document that outlined some of the practical implications the reset in relations might have for businesses and individuals.

What does the UK-EU reset say about help and support for international injury victims?

The UK-EU reset does not talk specifically about help and support for international injury victims. It does, however, recognise “the importance of positive civil judicial cooperation, which supports access to justice for our families and underpins confidence in trade for our businesses”.

This is a strong statement of intent that might pave the way for the UK to rejoin the Lugano Convention or an alternative bilateral arrangement on jurisdiction and enforcement for injury victims and their families.

A comprehensive regime on enforcement of judgments and jurisdiction in cross-border disputes that protects injury victims, preserving and promoting their rights, is essential to effectively fulfil the commitment in the Common Understanding. This is an essential component if the EU and UK are to convincingly underpin confidence in trade for businesses and for individuals operating, working for or making use of the goods and services provided by those businesses.

Why is the UK-EU reset important for international injury victims?

Now that the UK and EU have committed to closer cooperation following the UK-EU summit and reset in May 2025, the EU may look anew at the UK’s request to rejoin the Lugano Convention. Alternatively, the two sides might agree to a new bilateral arrangement that ensures full protection for injury victims on the combined issues of jurisdiction and enforcement.

Since the UK left the EU, there has been considerable uncertainty regarding the question of jurisdiction, specifically, where individuals injured while visiting the EU from the UK and vice versa can bring a claim for damages. There has also been much uncertainty over whether an individual bringing a claim in their home court against an overseas defendant can successfully enforce any judgment they obtain in the foreign court. This is because, when the UK left the EU, the previous regime governing jurisdiction and enforcement, the Recast Brussels Regulation and the Lugano Convention, ceased to apply to matters involving the UK and the EU and EFTA states (Iceland, Switzerland, Norway and Liechtenstein).

While it is understandable that the Brussels Regulation on jurisdiction and enforcement can no longer apply to the UK, the same is not true of the Lugano Convention. This is an international convention on jurisdiction and enforcement between signatory states. The Lugano Convention enables access to justice for injury victims, enabling them to enforce a judgment obtained in proceedings relying on the provisions of the Lugano Convention.

The EU Commission has previously refused the UK’s request to rejoin the Lugano Convention (despite support from the EFTA states to the UK’s reaccession). The EU Commission has indicated that accession to the Lugano Convention depends on participation, even if only partially, in the EU’s single market. The commission’s stance is arguably not supported by a literal or purposive interpretation of the Lugano Convention. It also overlooks the status of Northern Ireland under the Windsor Framework and the reality of the close alignment between the EU and the UK under the Trade and Cooperation Agreement. The Windsor Framework is an agreement between the UK and EU that eases the flow of goods from Great Britain into Northern Ireland without the need for a hard border with the rest of Ireland.

Why does more need to be done, and what are the next steps for injury victims following the UK-EU reset?

As things stand, access to justice is more challenging for injury victims from the EU27, EFTA states and the UK. Those who have a meritorious claim are encountering greater procedural complexity and enforcement risks, increasing the burden on individual countries and potentially denying access to justice to thousands of cross-border personal injury victims and their families each year.

While the coming into force of the Hague Judgments Convention 2019 (“Hague 2019”) on 1 July 2025 is a welcome step forward, it has notable shortcomings in the protections it provides to injury victims and their families. It does not provide a comprehensive solution to the enforcement of judgments for injury victims on a cross-border basis. Hague 2019 will apply between the UK and EU to judgments falling within the convention’s scope arising from proceedings commenced after 1 July 2025.

The loss of the right by EU and UK injury victims and their relatives to:

• bring a claim for damages in their home courts following an injury while travelling overseas or pursuant to their consumer or employment/worker contracts, and
• thereafter, to have an effective means of enforcing a judgment overseas,

are two of the most important and pressing issues for individuals and families that should now be addressed following the UK-EU reset.

There are simple steps that can be taken immediately to address these concerns, notably an agreement to the UK’s reaccession to the Lugano Convention. In the meantime, the landscape of access to justice for victims is significantly weakened. The aim of underpinning confidence in trade for businesses and supporting families is undermined unless and until action is taken to plug the gaps in jurisdiction and enforcement.

You can find further information regarding our expertise, experience and team on our International Injury page.

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