Litigation Notes

Asymmetric jurisdiction clauses: French court refers questions of validity to CJEU

Retained EU Law: no sweeping sunset at the end of the year

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 …

Disclosure: High Court directs party to identify which current and ex-employees have been asked for/given consent to search for documents on their personal devices

Supreme Court finds Civil Liability (Contribution) Act 1978 applies only where contribution claim governed by English law

The Supreme Court has held that the Civil Liability (Contribution) Act 1978 does not have overriding effect and therefore applies only where domestic …

Jurisdiction clause in insurance policy confers exclusive jurisdiction despite no express words to that effect

The High Court has interpreted a jurisdiction clause in an excess liability insurance policy as granting exclusive jurisdiction to the English courts, …

Impact of Brexit on applicable law in cross-border insolvencies

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 …

Disputes after the end of the Brexit transition period: where are we now?

Video published - Brexit: jurisdiction and enforcement of judgments during and after the transition period

Anna Pertoldi has published a video for Practical Law in which she considers jurisdiction and enforcement of judgments during and after the Brexit …

New Brexit podcast - The implications of Brexit for choice of law, jurisdiction and the enforcement of judgments

In the latest episode of our Brexit podcast series, Anna Pertoldi and Maura McIntosh look at the implications of Brexit for choice of law, jurisdiction …

Proceedings time barred where claim form issued but not served during applicable foreign limitation period

Brexit under the Withdrawal Agreement: The implications for disputes

It now seems inevitable that the UK will leave the EU on 31 January 2020 at 11pm GMT under the terms of the Withdrawal Agreement concluded between the UK …

Rule against reflective loss neither a procedural rule nor an overriding mandatory provision of English law, so does not apply to foreign law claims in English court

The High Court has held that the rule against reflective loss is not a rule of procedure, so as to fall outside the Rome II Regulation, and nor is it an …