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22 January 2009 / Stephen Gold
Issue: 7353 / Categories: Features , Company , EU , Commercial
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Civil Way: 23 January 2009

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Litigious back-scratching in Europe
The lack of success fee
Fast track limit up

 

C’est Magnifique
Two new creatures for cross-border claims out of the European womb—the EOP (European Order for Payment) and the ESCP (the European Small Claims Procedure). The e EOP procedure is incorporated in Regulation 1896/2006/ EC of 12 July 2006 and the ESCP in Regulation 861/2007/EC of 11 July 2007. Both procedures have been brought into force in the UK. The Civil Procedure (Amendment) Rules 2008 (SI 2008/ 2178) introduced provisions operating alongside the regulations (see CPR and PD 78 and prescribed forms with 47th update). The e EOP procedure kicked off on 12 December 2008 and the ESCP on 1 January 2009. They are both without prejudice to existing cross-border procedures and apply throughout the EC subject to the customary opting out by Denmark thereby avoiding double Dutch pleading. Accommodating jurisdictional changes have been made by the High Court and County Court Jurisdiction (Amendment) Order 2008 (SI 2008/2934) (JAO). (Go to http://ec.europa.eu/justice_home). Longer
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MOVERS & SHAKERS

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Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
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NLJ this week: No such thing as a ‘Welsh seat’
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
NLJ this week: Jury reform risks justice for efficiency’s sake
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
NLJ this week: Crypto fightback offers ‘new frontier for law’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
NLJ this week: Time to revive the duty to report crime?
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
NLJ this week: When are experts truly ‘necessary’?
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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