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09 December 2016 / Clare Arthurs , Richard Marshall
Issue: 7726 / Categories: Features , Brexit , EU , ADR
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A practical alphabet

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Clare Arthurs & Richard Marshall share an (almost) A-Z of cross border disputes, post-Brexit

Article 50

It should be business as usual for cross border disputes until Art 50 has been triggered—the picture is less clear after that.

Brussels (Recast)

This Regulation regulates jurisdiction and the recognition and enforcement of judgments between EU member states.

Conventions

Geneva, Hague, Lugano, Rome…Almost an alphabet of their own!

Disclosure

Not all jurisdictions have the same extensive disclosure requirements as the UK courts: would minimal or extensive disclosure work better for you?

European Enforcement Orders

Uncontested claims from an EU member state court can be enforced in another member state using this streamlined procedure.

First seised

Under EU law, the courts of the member state where the claim was issued first in time decide the question of jurisdiction. But see J, L and P below…

Governing law clause

Which substantive law do you want to apply to identify and interpret the parties’ rights and obligations under the agreement?

Hague Convention on Choice of Court Agreements

A possible, if more restricted, replacement for Brussels (Recast):

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MOVERS & SHAKERS

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
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
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’
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
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
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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