header-logo header-logo

14 April 2021
Issue: 7928 / Categories: Legal News , EU , Brexit , Commercial
printer mail-detail

UK’s hopes fade for Lugano

Lawyers' hopes for the Lugano Convention crumbled to disappointment this week, amid reports the European Commission is opposed to the UK's accession.

Anticipation of a positive result for the UK was rising ahead of a meeting this week between the Commission and member states. According to the FT, however, the Commission has said it will not back the UK’s application to join.

A final decision, expected in the next few weeks, requires the unanimous approval of all member states.

The 2007 Convention clarifies which national courts have jurisdiction in cross-border civil and commercial disputes and ensures judgments are enforceable across borders. It means consumers and suppliers can seek redress in their local court rather than raising multiple cases in different jurisdictions.

David Greene, senior partner, Edwin Coe, said: ‘This was predicted, so it was a surprise when the indications earlier this week were to the contrary.

‘Unfortunately, some within the EU have seen Lugano as an instrument in the competition for global dispute resolution and this seems to have influenced events. In fact, it’s a vital instrument for businesses of all sizes in the EU and UK and for consumers and citizens. All will lose out.

‘In the event, however, delay in or no accession will not affect London as a global legal centre in the long run. To the contrary the consequent development of English law may indeed enhance the jurisdiction.’

Sara Chisholm-Batten, partner at Michelmores, said the news was ‘a real setback’ for UK businesses and individuals.

‘If the UK is accepted into Lugano, it would result in judgments being recognised and enforced across UK and EU/EFTA borders much more swiftly and cost effectively―which would be welcome news for UK businesses trading in those areas―and EU businesses trading in the UK,’ she said.

Lauren Cormack, associate at Russell-Cooke, said: ‘Cross-border disputes may become difficult to resolve efficiently.

‘This may create a barrier preventing access to justice for those who cannot meet the increased costs of what will be much more complex litigation. This will be felt most acutely by individuals, consumers and small and medium-sized enterprises involved in cross-border trade and transactions.’

Issue: 7928 / Categories: Legal News , EU , Brexit , Commercial
printer mail-details

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll