Cross Border Law & Practice Programs
January - December 2018

Brexit Watch:  Pursuant to the Triggering of Article 50 the UK and the EU are involved in continuing negotiations towards a future relationship which may affect various aspects of the subject areas of the courses in this section. We constantly review the progress of the negotiation and our courses will cover any relevant changes to the current rules as and when they come into effect

 

ENFORCING FOREIGN JUDGMENTS - From the Eurozone & Beyond

1 day (09.30 -17.00) | £500.00 (inc VAT) | Dates & venues:

2018; March 8th/May24th/October 25th

Fully updated for 2018 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Analysis Pack & structured advice outlines for all case studies | 6 CPD Points

Overview
The rules and practice for enforcing foreign judgments in England and Wales are complex, with various potentially applicable schemes. For example, enforcing a judgment from the USA and enforcing one from France involve wholly different considerations. This program will provide a comprehensive analysis of the modern law and practice for the enforcement of foreign judgments in England and Wales. It will explore the different enforcement schemes in operation depending upon the jurisdiction in which the judgment sought to be enforced was issued and the nature of the judgment sought to be enforced. The program will cover both substantive and procedural aspects of the subject in the context of practical litigation case studies.

Example areas covered during the program

  • Enforcing judgments under the common law regime–when will a foreign court be deemed to have the requisite jurisdiction?
  • Are foreign judgments subject to appeal enforceable in the UK?
  • Public policy and human rights considerations in the enforcement of foreign judgments
  • Enforcing judgments under statutes–The Administration of Justice Act 1920 and the Foreign Judgments (Reciprocal Enforcement) Act 1933
  • Enforcing judgments from other EU member states–the Brussels I Regulation and the Brussels I Re-cast Regulation effective January 2015
  • The European Enforcement Order regime and enforcement of foreign judgments under CPR part 74
  • The European Payments Order and the European Small Claims Procedure
  • Issues involved in Enforcement in cross border insolvency cases–the effect of Rubin v Euro Finance and other recent cases
  • Reforms introduced by the Brussels 1 Re-cast Regulation
  • Discussion of recent case law in England and Wales and from the Court of justice
  • The nuts and bolts of enforcing a foreign judgment in England & Wales under the various enforcement regimes

 BOOK Enforcing Foreign Judgments on Eventbrite click HERE

 

LOCATION,LOCATION,LOCATION – CROSS BORDER LITIGATION – Dealing With Jurisdiction Issues

1 day (09.30 -17.00)| £500.00 (inc VAT) | Dates & venues:

2018; April 26th/November 15th

Fully updated for 2018 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Analysis Pack & structured advice outlines for all case studies | 6 CPD Points

Overview
With the expansion of the European Union since its inception, EU cross border litigation has become increasingly common and with it a host of issues that are peculiar to this form of litigation. Of all those issues jurisdiction has proved the most difficult and controversial. David Joseph QC in his work on this area states that ‘Frequently more time and effort is expanded in resolving the question of jurisdiction than any other issue’. As the EU continues to implement its overriding policy to harmonise and standardise the rules in various areas of civil litigation before the courts of member states it has never been so important for those involved in this area to be fully appraised of the applicable rules. This seminar will explore the jurisdictional rules for cross-border disputes as contained in Regulation 44/2001 (‘Brussels I’) and Regulation 2215/2012 (The Brussels I Re-cast Regulation). This program will be of interest and relevance to any legal practitioner whose practice encompasses cross-border litigation within the territory of the EU. It will also be relevant to any corporate manager, executive or business person who has dealings with companies in any EU member state.

Example areas covered during the program

  • What are the rules for deciding which of several EU courts can hear a particular case?
  • How can a party in England prevent proceedings taking place in another EU country?
  • Are the parties free to agree the law that will govern their contract in the event of a dispute?
  • The application and effect of the Judgments Regulation (Regulation 44/2001)
  • The scope of Brussels I – the effect on arbitration proceedings
  • Article 2 – the distinction with traditional jurisdiction
  • The use of jurisdiction clauses in commercial contracts-Article 23
  • When the courts of EU member states are afforded exclusive jurisdiction–Article 22
  • Staying proceedings in England - the doctrine of forum non conveniens-the approach of the Court of Justice to stays on this basis - Owusu v Jackson
  • The use of anti-suit injunctions to restrain the breach of jurisdiction clauses – Turner v Grovit
  • The special rules for contract and tort cases–Article 5
  • Dealing with duplicate proceedings in multiple EU states
  • The use of interim remedies in intra-EU disputes
  • Key changes introduced by the Brussels I Re-Cast RegulatioN

BOOK Cross Border Jurisdiction click HERE

 

CIVIL & COMMERCIAL CROSS BORDER CLAIMS – Applying The Correct Law

1 day (09.30 -17.00) | £500.00 (inc VAT) | Dates & venues:

2018; May 3rd/ November 22nd

Fully updated for 2018 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Analysis Pack & structured dvice outlines for all case studies | 6 CPD Points

Overview
This is a sister-session to 'Cross Border Claims in the EU – Dealing with Jurisdiction Issues' and will be of interest and relevance to any legal practitioner whose practice encompasses cross-border litigation within the territory of the EU. It will also be relevant to any corporate manager, executive or business person who has dealings with companies in any EU member state. These programs together provide invaluable knowledge and insight for those involved with EU cross border disputes. Against a background of practical case studies, the session will explore the impact on EU cross border litigation of 2 key European instruments – the Rome I and II Regulations.

Example areas covered during the program

Applicable Law Non-contractual obligations

  • The Rome II Regulation on non-contractual obligations
  • What does the Regulation seek to achieve - another piece in the jigsaw towards an EU wide code of civil procedure?
  • Relationship between the Regulation and other EU enactments
  • To what form of actions will the Regulation apply?
  • From when does the Regulation apply?- (Art 31) 
  • Law applicable to evidentiary and procedural matters - Art 15
  • Which law applies to the assessment of damages?
  • Formulae for ascertaining the applicable law - Art 4 (1)-Identifying the country in which the relevant event occurred
  • Rule applicable where C and D have the same habitual residence Art 4 (3)-when is a claim 'manifestly more connected' with another country?

Applicable law - Contractual Obligations

  • Party autonomy-when can the parties choose their own applicable law? What are the limitations on party autonomy?
  • Express choice of Law Rules-Art 3 (1)
  • The alternative - implied choice of law
  • The rules where no express or implied choice is made-Art 4. Which country is the contract most closely connected with?
  • Scope of the applicable law in contractual matters
  • Choice of law rules in particular areas of litigation-product liability, unfair competition, environmental damage, infringement of intellectual property rights, industrial action

 

CROSSING BORDERS – Cross Border Travel Claims

1/2 day | £300.00 (inc VAT) | Dates & venues:

2018 

Fully updated for 2018 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Analysis Pack & structured advice outlines for all case studies | 3 CPD Points

Overview
Almost 777 million passengers are carried annually by air in the EU and London’s Heathrow Airport heads the list for passenger numbers. Crowded skies give rise to ever increasing disputes and litigation between airlines and their passengers. This interactive program will explore the current rules on claims arising from air travel in the EU and also claims arising from sea and rail carriage. This program will update and analyse important recent developments in the sphere of EU travel Law.

Example areas covered during the program

  • EU regimes governing the Carriage of passengers by air, rail and Sea within the EU and to and from the EU
  • The application and effect of the Montreal Convention and EC regulation 261/2004 on denied boarding, cancellation and long delays
  • The effect of international conventions on rights under EU law – Stott v Thomas Cook Tour Operators Ltd
  • Consideration of recent rulings by the Court of Justice including Air France v Folkert; McDonagh v Ryaniar and Rodriguez v Iberia
  • What will constitute ‘extraordinary circumstances’ for the purposes of the Regulation? What is the effect of ‘extraordinary circumstances?
  • The Athens Convention 1974 and Regulations 1177/2010 and 392/2009
  • The Rail Passenger Rights Regulation (EC 1371/2007)

 

INTERNATIONAL CIVIL & COMMERCIAL LITIGATION BEFORE ENGLISH COURTS  - Comprehensive Overview & Analysis

2 days | £1000.00 (inc VAT) | Dates & venues: TBA

2018; TBA

Fully updated for 2017 to include all major statutory and case law developments Interactive program based on tested litigation scenarios Delegates will receive a detailed Europa Law Analysis Pack & structured advice outlines for all case studies.

Overview

This interactive program will provide a comprehensive analysis of key issues of law and practice which may arise when an international commercial dispute is litigated before the Courts of England and Wales. It will provide those who attend with a through overview of areas of potential dispute that may arise and how the Courts of England and Wales deal with specific matters. The session will also consider how Brexit may impact on the rules that the Court in England and Wales apply to international cross border disputes

Program – Day 1

AM

  • Venue and Enforcement risk issues in international commercial litigation
  • Forms of commercial dispute-resolution clauses recognised by courts in England
  • The legal infrastructure governing jurisdiction Agreements
  • The Hague Convention on Choice of Court Agreements and the Brussels Regime
  • Agreements designating EU and Non-E courts
  • Principles governing the enforceability of jurisdiction Agreements
  • How courts in England deal with challenges to jurisdiction Agreements
  • Pre-emptive proceedings in EU and non EU member states
  • Seeking an anti-suit injunction from a court in England
  • The discretion English court have to refuse enforcement of an jurisdiction Agreement
  • Remedies available before court in England for breach of a jurisdiction Agreement

 PM

  • Performance risk in international commercial litigation
  • Autonomy of the parties to choose governing law
  • Situations in which an English court may override the parties choice of law
  • The law that applies in the absence of choice
  • Rules that govern contract disputes in the absence of choice.
  • Rules governing non- contractual loss in multi state litigation

Program – Day 2

AM

  • Means by which an English court may have jurisdiction over a dispute
  • Situations in which an English court may not exercise jurisdiction
  • When an English court may decline jurisdiction
  • How proceedings in England may be affected by proceedings elsewhere

PM

  • Steps to preserve assets in international commercial litigation
  • Use of freezing orders before courts in England
  • Enforcing foreign judgments debts in England
  • Key distinctions between the Enforcment of EU and non-EU judgments
  • Procedure, cost and evidence

 

 LIABILITIES & REMEDIES IN INTERNATIONAL COMMERCIAL TRANSACTIONS - Comprehensive Overview & Analysis

2 days | £1000.00 (inc VAT) | Dates & venues: TBA

2018; TBA

Fully updated for 2018 to include all major statutory and case law developments Interactive program based on tested litigation scenarios Delegates will receive a detailed Europa Law Analysis Pack & structured advice outlines for all case studies.

Overview

This interactive program will provide a comprehensive analysis of the key issues which parties to international transactions governed by English law should be aware of when negotiating such contract. The program will alert you to the potential risks presented by such Agreements and to understand the approach of English courts to the numerous issues that may arise.

Program – Day 1

AM

Pre- contractual duties & obligations in English law

  • Issues  relating to the formation of international Agreements
  • Duties owed by negotiating parties under English law
  • Is good faith relevant in the formation process? Comparison with England & Wales and other jurisdictions
  • Agreements to perform in good faith
  • Templates for pre-contract documentation

Excluding & limiting liability in English law

  • The English approach to exclusion and limitation of liability
  • Controlling liability for breach of contract
  • Liability for late delivery and performance
  • Examples of effective limitation and exclusion

Circumstances which may affect performance of the transaction

  • Force majeure and economic hardship
  • Supervening frustrating events
  • Unforeseen events arising after execution
  • Re-negotiation and variation of contract terms
  •  

 Day 2

AM

Economic loss rules in English courts

  • Contractual platforms for financial  loss
  • Tortious loss including pre economic loss
  • How and when equity may provide a route to recover for loss
  • The rules on lost profits and lost business opportunity
  • Rules that govern contract disputes in the absence of choice.
  • Rules governing non- contractual loss in multi state litigation

Party autonomy in providing for remedies

  • Liquidated damages clauses
  • Deposits and forfeiture clauses
  • Distinguishing primary and secondary obligations
  • Types of clauses which cannot be penalties

Choice of law and jurisdiction in international transactions

  • Overview of the jurisdictional rules for international transactions
  • Use  of jurisdiction clauses
  • Arbitration clauses
  • Rules on non contractual international commercial disputes

 

WHEN IN ROME - Cross Border Contract Claims

1 day | £500.00 (inc VAT) | Dates & venues:

2018;  TBA

Fully updated for 2018 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Analysis Pack & structured advice outlines for all case studies

Overview
This program will focus upon essential knowledge for those whose practice involves advising on contractual transactions within the EU. The key EU instruments and their interpretation by the Court of Justice and the English courts will be intensively scrutinised and discussed against the backdrop of numerous true to life case studies. The session will provide key knowledge of the law and practice regulating contracts between parties, whether personal or corporate, who are based in different EU countries.

Example areas covered during the program

  • What choices of law are permitted?
  • Party autonomy over choice of law
  • Regime for choosing applicable law where no choice is made
  • Dealing with issues of public policy and mandatory law of the forum
  • The scope of the applicable law
  • Applicable law and specific contracts
  • Exclusions from the Rome I Regime
  • The General rules on jurisdiction in intra-EU contract disputes under the Brussels Regime
  • Other relevant international instruments
  • Exclusive Jurisdiction
  • Special Jurisdiction in contract disputes
  • Identifying the relevant obligation and place of performance
  • Applicable law in contracts for sale of goods and provision of services
  • Dealing with obligations to be performed in multiple EU countries
  • Jurisdiction in mixed obligation cases
  • Rules relating to Insurance. Consumer and employment contracts