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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
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
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
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
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
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
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
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
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
