Law Society publishes report on global position of English and Welsh law

The Law Society of England and Wales has recently launched a new initiative to highlight the attractions of English law and of England and Wales as a leading international legal centre, with key benefits including an independent judiciary, reliable courts and predictable outcomes. Its International Data Insights Report 2023: Global Position of English Law is … Read more

Retained EU Law: no sweeping sunset at the end of the year

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

Disclosure: High Court directs party to identify which current and ex-employees have been asked for/given consent to search for documents on their personal devices

A recent High Court decision illustrates the extent of the court’s powers where potentially relevant documents are contained on the personal devices or email accounts of current or ex-employees and the employment relationship is governed by foreign law: The Republic of Mozambique v Credit Suisse International and Others [2022] EWHC 3054 (Comm). The court’s jurisdiction … Read more

Supreme Court finds Civil Liability (Contribution) Act 1978 applies only where contribution claim governed by English law

The Supreme Court has held that the Civil Liability (Contribution) Act 1978 does not have overriding effect and therefore applies only where domestic conflict of laws rules indicate that the contribution claim in question is governed by English law: The Soldiers, Sailors, Airmen and Families Association – Forces Help v Allgemeines Krankenhaus Viersen GmbH [2022] … Read more

Jurisdiction clause in insurance policy confers exclusive jurisdiction despite no express words to that effect

The High Court has interpreted a jurisdiction clause in an excess liability insurance policy as granting exclusive jurisdiction to the English courts, despite the clause not containing express words to that effect: AIG Europe SA (formerly AIG Europe Ltd) v John Wood Group Plc [2021] EWHC 2567 (Comm). While normal principles of contractual interpretation will … Read more

Impact of Brexit on applicable law in cross-border insolvencies

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

Disputes after the end of the Brexit transition period: where are we now?

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

Video published – Brexit: jurisdiction and enforcement of judgments during and after the transition period

Anna Pertoldi has published a video for Practical Law in which she considers jurisdiction and enforcement of judgments during and after the Brexit transition period. The video discusses the current legal position and considers the practical implications for both jurisdiction and enforcement of judgments, as well as the practical implications of the agreements that might … Read more