Litigation Notes

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 …

Cross-border insolvencies in the UK and the EU – a quick guide

Our Restructuring, Turnaround and Insolvency team has published a quick guide to the implications of Brexit for cross-border insolvencies, given the …

Brexit: key practical implications for disputes and dispute resolution clauses

Article published - Does the Hague Choice of Court Convention 2005 apply to asymmetric jurisdiction clauses?

Court of Appeal finds asymmetric clauses are exclusive jurisdiction clauses for purposes of recast Brussels Regulation and considers nature of such clauses under Hague Convention 2005

The Court of Appeal has held that an asymmetric jurisdiction clause is an exclusive jurisdiction clause for the purposes of the recast Brussels …

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

Our annual disputes client conference - Managing risk: A disputes perspective

How far can UK courts depart from EU case law?

On 31 December 2020, when the transition period provided for in the Withdrawal Agreement between the EU and the UK comes to an end, EU law will cease to …

Article published - Jurisdiction clauses and service out post-Brexit: a welcome rule change

European Commission's Notice to Stakeholders confirms its view Hague Choice of Court Convention will apply to exclusive English jurisdiction clauses only if they are entered into after Brexit transition period ends

High Court holds claim against anchor defendant must satisfy merits test if it is to be used to establish jurisdiction against co-defendants under recast Brussels Regulation

The High Court has held that the English court will only have jurisdiction against a co-defendant under article 8(1) of the recast Brussels Regulation …

UK applies to join Lugano Convention from end of Brexit implementation period

On 8 April 2020, the UK submitted its application to accede to the 2007 Lugano Convention on jurisdiction and the recognition and enforcement of …