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The Great Repeal Lie - Civil Jurisdiction and Judgments in a post-Brexit landscape

The Great Repeal Lie - Civil Jurisdiction and Judgments in a post-Brexit landscape

26-March-2017
26-March-2017 10:53
in General
by Admin
The Great Repeal Lie - Civil Jurisdiction and Judgments in a post-Brexit landscape

The legal infrastructure post-Brexit is one of ease and simplicity we are told. A ‘Great Repeal Bill’ will be the process by which existing EU law will be incorporated into English law thu...

To appear or not to appear, that is the question - Avoiding a submission to the jurisdiction of a Foreign Court

To appear or not to appear, that is the question - Avoiding a submission to the jurisdiction of a Foreign Court

18-March-2017
18-March-2017 11:58
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by Admin
To appear or not to appear, that is the question - Avoiding a submission to the jurisdiction of a Foreign Court

It has been said that ‘...the enforceability of any judgment is not the last issue to be addressed in cross-border litigation, but the first’. Successful enforcement of a foreign judgment...

Are asymmetric jurisdiction clauses the antithesis of exclusive jurisdiction clauses under Brussels I recast?

Are asymmetric jurisdiction clauses the antithesis of exclusive jurisdiction clauses under Brussels I recast?

21-February-2017
21-February-2017 17:17
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by Admin
Are asymmetric jurisdiction clauses the antithesis of exclusive jurisdiction clauses under Brussels I recast?

Any lawyer involved in international commercial transactions will be familiar with a jurisdiction clause by which the parties agree to the exclusive jurisdiction of the courts of a particular country ...

Derogating from party choice of  applicable law under Rome I

Derogating from party choice of applicable law under Rome I

19-January-2017
19-January-2017 14:54
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by Admin
Derogating from party choice of  applicable law under Rome I

Derogating from party choice applicable law in a contractual cross border claim – Banco Santander Totta Sa v Comphania Carris de Ferra de Lisboa Sa [2016] EWCA Civ 1267 The Court of Appeal has ...

Unjust Enrichment and the Rome II Regulation

Unjust Enrichment and the Rome II Regulation

03-October-2016
03-October-2016 16:39
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by Admin
Unjust Enrichment and the Rome II Regulation

For courts in England and Wales questions concerning a potential conflict in the law applicable to contractual and non contractual obligations fall to be determined by a brace of EU regulations, nam...

No quickie divorce-the implications of Brexit for intra-EU civil juridsiction and the enforcement of judgments

No quickie divorce-the implications of Brexit for intra-EU civil juridsiction and the enforcement of judgments

11-July-2016
11-July-2016 12:55
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by Admin
No quickie divorce-the implications of Brexit for intra-EU civil juridsiction and the enforcement of judgments

After 43 years of marriage the United Kingdom and the European Union are set on course for a divorce or at the very least a form of seperation. Scotland and Northern Ireland voted for a renewal of t...

The EU is dead - long live the EU!

The EU is dead - long live the EU!

10-July-2016
10-July-2016 11:08
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by Admin
The EU is dead - long live the EU!

The referendum result has delivered a nominal body blow to the EU. The dream of a United Europe is over and the fear for the EU must be whether a metatasis of an anti-EU cancer will ultimately lead ...

Supreme Court Justices furnish their decision in celebrity privacy case

Supreme Court Justices furnish their decision in celebrity privacy case

13-June-2016
13-June-2016 7:51
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by Admin
Supreme Court Justices furnish their decision in celebrity privacy case

On 19th May The Supreme Court gave judgment in the so called ‘Celebrity privacy’ Application (PJS v News Group Newspapers Ltd [2016] EWCA Civ 393) The decision was not one which determin...

Enforcing foreign default judgments in England and Wales - avoiding jurisdictional red herrings.

Enforcing foreign default judgments in England and Wales - avoiding jurisdictional red herrings.

10-June-2016
10-June-2016 11:45
in General
by Admin
Enforcing foreign default judgments in England and Wales - avoiding jurisdictional red herrings.

Issues as to the enforceability of foreign default judgments raise particular issues when the issuing jurisdiction is either a non-EU member state or a state which has no reciprocal enforcement trea...

Penalising the penaliser - Penalties doctrine survives assassination attempt in Supreme Court

Penalising the penaliser - Penalties doctrine survives assassination attempt in Supreme Court

09-June-2016
09-June-2016 12:42
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by Admin
Penalising the penaliser - Penalties doctrine survives assassination attempt in Supreme Court

A blatant interference with the principle of freedom of contract or a justifiable restraint on the power of one party to a contract to impose an extortionate payment or other obligation in the event...

Infamy, infamy - they've all got it infamy - lost baggage in the EU zone and a lost judge - Non material damage and The Montreal Convention

Infamy, infamy - they've all got it infamy - lost baggage in the EU zone and a lost judge - Non material damage and The Montreal Convention

08-June-2016
08-June-2016 7:52
in General
by Admin
Infamy, infamy - they've all got it infamy - lost baggage in the EU zone and a lost judge - Non material damage and The Montreal Convention

On 10 July 2015 a judge of the High Court of Justice, Chancery Division suffered one of the most traumatic experiences imaginable, the stuff of the most angst-ridden nightmares. Arriving at Gatwick...