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In recent decades the courts of some countries, including some EU member states, have questioned the validity of asymmetric jurisdiction clauses or have refused to give effect to them. These clauses (also known as unilateral or one-way clauses) give one party greater flexibility as to the forum in which they can bring proceedings. They are … Read more
In this 19th episode of our series of commercial litigation update podcasts, we look at developments in a range of areas, including environmental litigation, privilege, class actions, claims against cryptocurrency exchanges, and force majeure. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Julian Copeman, … Read more
The High Court has entered summary judgment in favour of a port operator against a sea ferry operator for the payment of a shortfall due for a failure to meet minimum volumes. The court rejected an argument that the operator could rely on a force majeure defence in light of Brexit and the Covid-19 pandemic: … Read more
The Government has announced a change of plan on the abolition of retained EU law and its replacement by purely domestic law. This is reflected in proposed Government amendments to be made during the Report Stage of the Retained EU Law (Revocation and Reform) Bill in the House of Lords next week. Instead of abolishing all … Read more
At the end of the Brexit transition period on 31 December 2020, in order to avoid a cliff edge in terms of legal certainty, the vast majority of EU law which had applied in the UK was imported into domestic law as “retained EU law” or “REUL”. The Retained EU law (Revocation and Reform) Bill aims … Read more
The High Court has considered when the rules in the recast Brussels Regulation will continue to apply to English proceedings commenced post-Brexit: Simon v Tache [2022] EWHC 1674 (Comm). The decision confirms that, pursuant to article 67 of the EU-UK Withdrawal Agreement, the “lis pendens” provisions in the recast Brussels Regulation continue to apply in … Read more
For many years, commercial parties across the globe, and particularly in Europe, have preferred to enforce their English law-governed agreements, and resolve their disputes, in the courts of England. This combination has been selected for many good reasons, including: the independence and expertise of the English judiciary and the efficiency of the court process; and … Read more
In this ninth episode of our series of commercial litigation update podcasts, we give a brief update on developments relating to Brexit, and discuss some recent cases on factual witness and expert evidence. We also look at a recent Civil Justice Council report on compulsory ADR and finally we discuss an important Supreme Court decision … Read more
The Court of Appeal has held that the English court had no power under article 33 of the recast Brussels Regulation to stay in favour of prior proceedings commenced in New Jersey, where the English court had jurisdiction under a non-exclusive jurisdiction clause. It made no difference that, absent the clause, the court would have … Read more
