header-logo header-logo

09 December 2011 / Alan Sheeley
Issue: 7493 / Categories: Features , EU , Commercial
printer mail-detail

One small step for the UK...

Alan Sheeley forecasts the future of cross-border litigation

The European Commission published a proposal in July to create a Regulation to facilitate cross-border debt recovery in civil and commercial matters. The proposed instrument is known as a European Account Preservation Order (EAPO). It is intended to provide an alternative to existing domestic freezing orders in cross-border cases.

The Lisbon Treaty allows the UK to opt in to matters that affect UK civil law. If the UK does not opt in, then the Regulation will not affect the UK. The Ministry of Justice held a public consultation on whether the UK should opt in to the proposal, which closed in September. On 31 October the UK decided not to opt in. It will still be able to participate in the discussions to determine the final draft Regulation. If the Regulation is formally adopted then all member states apart from the UK and Denmark will be bound by it. Despite its profound concerns, the government continues to welcome the objectives of introducing the EAPO and is supportive of procedures for easier debt recovery

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll