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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
The European Commission has presented a “note verbale” to the Swiss Federal Council as Depositary of the Lugano Convention regarding the UK’s application to accede to the Convention, submitted on 8 April 2020. This states that: “The European Commission, representing the European Union, would like to notify to you that the European Union is not … Read more
In this eighth episode of our series of commercial litigation update podcasts, we give a brief update on developments relating to jurisdiction and the enforcement of judgments post-Brexit, and on disclosure, as well as considering recent cases on witness evidence, the without prejudice rule, and when the courts will hand down judgment despite the parties … Read more
The European Commission has today released its anticipated communication to the European Parliament and the Council confirming the Commission’s view that the EU should not consent to the UK’s application to accede to the Lugano Convention. If this position is reflected in the EU’s formal response to the UK’s application, the UK will not be … Read more
There is continuing uncertainty over the question of whether the UK will be able to join the 2007 Lugano Convention, which governs questions of jurisdiction and the recognition and enforcement of judgments between the EU and Iceland, Norway and Switzerland. Together with the recast Brussels Regulation, which governs such questions as between EU Member States, … Read more
In this seventh episode of our series of commercial litigation update podcasts, we consider: developments relating to disclosure and witness evidence, including an update on reforms in both areas; some recent cases relating to class actions; and the impact of Brexit in the insolvency context. This episode is hosted by Anna Pertoldi, a partner in … Read more
