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From 31 December 2020, the European Regulation on Insolvency Proceedings (the “EIR”) ceased to apply in the UK. As a result: The EIR provides the rules for when the law of the place in which the insolvency proceedings have been opened can be supplanted by another law, but only that of a member state. The … Read more
Our Restructuring, Turnaround and Insolvency team has published a quick guide to the implications of Brexit for cross-border insolvencies, given the absence from the EU-UK Trade and Cooperation Agreement of any provision for continued recognition of, or co-operation in, insolvency and restructuring proceedings. The briefing examines in particular how: Insolvency practitioners, debtors and creditors in … Read more
In this sixth episode of our series of commercial litigation update podcasts, we briefly outline the impact of Brexit on disputes and dispute resolution clauses, focusing on practical points for commercial parties. We also look at some developments on privilege and funding, as well as an update on witness evidence reform, and finally we consider … Read more
Despite the UK and EU having finalised a Trade and Cooperation Agreement to govern their trading and security relationship following the end of the Brexit transition period, there remain a number of uncertainties when it comes to commercial dispute resolution in cases involving the UK and the EU. In this post we look at some … Read more
With the end of the Brexit transition period on 31 December 2020, and the lack of clarity as to whether the EU will consent to the UK’s accession to the Lugano Convention, attention is focused more than ever on the Hague Convention on Choice of Court Agreements 2005. Hague 2005 is however subject to a … Read more
The Court of Appeal has held that an asymmetric jurisdiction clause is an exclusive jurisdiction clause for the purposes of the recast Brussels Regulation. The English court was therefore entitled to continue with its proceedings where it was the chosen court but proceedings had been commenced earlier in Germany: Etihad Airways PJSC v Lucas Flother … Read more
With the end of the Brexit transition period rapidly approaching, we are still waiting to see whether the UK and the EU can reach an agreement on their future relationship from 1 January 2021. In fact, whether or not an agreement is reached has no direct impact on commercial dispute resolution. But the hope is … Read more
Identifying and managing risk is a perennial concern for all businesses. The past year has presented significant new risks in dealing with the fallout from the Covid-19 pandemic, which has made its impact felt globally across all sectors and industries, as well as on the daily lives of individuals. But of course that is not … Read more
On 31 December 2020, when the transition period provided for in the Withdrawal Agreement between the EU and the UK comes to an end, EU law will cease to apply in the UK. However, large parts of the law currently applicable in the UK which is derived from EU law or is directly effective EU … Read more
