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Cross border enforcement (EU regime)

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Latest Dispute Resolution News

Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

The following Dispute Resolution news provides comprehensive and up to date legal information on Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

Henderson v Henderson considered in context of unfair prejudice proceedings (Taylor Goodchild Ltd v Taylor and Scott Taylor Law Ltd)

Henderson v Henderson considered in context of unfair prejudice proceedings (Taylor Goodchild Ltd v Taylor and Scott Taylor Law Ltd)

The following Corporate news provides comprehensive and up to date legal information on Henderson v Henderson considered in context of unfair prejudice proceedings (Taylor Goodchild Ltd v Taylor and Scott Taylor Law Ltd)

Who to sue? Non-delegable duties of care to patients and vicarious liability for self-employed dentists (Hughes v Rattan)

Who to sue? Non-delegable duties of care to patients and vicarious liability for self-employed dentists (Hughes v Rattan)

The following Dispute Resolution news provides comprehensive and up to date legal information on Who to sue? Non-delegable duties of care to patients and vicarious liability for self-employed dentists (Hughes v Rattan)

No jurisdiction to grant internet injunctions in claims brought on ‘mosaic basis’ (Mincione v Gedi Gruppo Editoriale SpA)

No jurisdiction to grant internet injunctions in claims brought on ‘mosaic basis’ (Mincione v Gedi Gruppo Editoriale SpA)

The following Dispute Resolution news provides comprehensive and up to date legal information on No jurisdiction to grant internet injunctions in claims brought on ‘mosaic basis’ (Mincione v Gedi Gruppo Editoriale SpA)

Featured Dispute Resolution content

Tort—the different types of tort

Tort—the different types of tort

Tort—the different types of tortThis Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related...

Unless orders

Unless orders

Unless ordersThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court...

What is the effect of interim charging orders?

What is the effect of interim charging orders?

What is the effect of interim charging orders?This Practice Note considers the effect of the court making an interim charging order pursuant to the...

Relief from sanctions—the application

Relief from sanctions—the application

Relief from sanctions—the applicationThis Practice Note should be read in conjunction with:•Practice Notes: Making an application, Relief from...

Precedents

Drop-hands settlement offer—post issue of proceedings

[ON YOUR LETTERHEAD][WITHOUT PREJUDICE SAVE AS TO COSTS][Insert date][Insert name and address of other party’s solicitor]Dear [insert contact...
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19th May
Practice notes

Default judgment—general principles for setting aside

Default judgment—general principles for setting asideWhere the claimant has already obtained a default judgment, the defendant may still wish to...
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19th May
Practice notes

Declaratory relief

Declaratory reliefThis Practice Note considers when, why and how you can apply to court for declaratory relief (a declaration from the court) and what...
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19th May
Practice notes

Notice to admit facts

Notice to admit factsWhat is a notice to admit facts?Put simply a notice requests the other side to admit facts in the case. The aim of such a notice...
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19th May
Practice notes

Multiple tortfeasors—liability issues and contribution claims

Multiple tortfeasors—liability issues and contribution claimsThis Practice Note considers tortious liability issues where more than one party is...
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Produced in partnership with Kate Temple-Mabe of 7BR 19th May
Practice notes

When the claim form is valid for service (CPR 7.5)

When the claim form is valid for service (CPR 7.5)This Practice Note considers the question when do I need to serve the claim form?. The time limits...
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19th May
Practice notes

Business and Property Courts

Business and Property CourtsCoronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures...
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19th May
Practice notes

Agreements to extend time—buffer agreements

Agreements to extend time—buffer agreementsThis Practice Note should be read in conjunction with Practice Notes: Extension of time, Making an...
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19th May
tag iconCOVID-19
Practice notes

Charging orders—what are they and when to use them—CPR 73

Charging orders—what are they and when to use them—CPR 73This Practice Note considers the jurisdiction for obtaining interim and final charging orders...
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19th May
Practice notes

Specific implement and interim specific implement in Scottish civil litigation

Specific implement and interim specific implement in Scottish civil litigationThis Practice Note considers the position on final orders for specific...
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Produced in partnership with Jim Cormack of Pinsent Masons 19th May
tag iconScottish Law
Practice notes

Contractual estoppel

Contractual estoppelThis Practice Note discusses contractual estoppel as it has evolved from the decision in Peekay v ANZ Banking Group. For a summary...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 19th May
Q&As

Can a claimant make an application to amend the claim form and particulars, and pay the difference in issue fee, after they have already issued proceedings and paid the court fee relevant to the amount initially claimed and if so, can we object to this?

Can a claimant make an application to amend the claim form and particulars, and pay the difference in issue fee, after they have already issued...
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19th May
Practice notes

Unfair prejudice petition—the procedure

Unfair prejudice petition—the procedureCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by...
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Produced in partnership with Mark Hubbard of New Square Chambers 19th May
Practice notes

When is variation of a contract valid?

When is variation of a contract valid?There are numerous reasons why parties may wish to make changes to their agreement. Most disputes connected with...
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19th May
Practice notes

Causation and remoteness in contractual breach claims

Causation and remoteness in contractual breach claimsWhen considering a claim for damages (see Practice Note: Contractual damages—general principles...
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Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 19th May
tag iconIn-house
Precedents

Drafting note for application notice for permission for the defendant to make an additional claim against a third party—Commercial Court

IntroductionThe application in the Commercial Court is made using Form N244(CC).Application notice—Commercial Court (Form N244(CC)) (PDF).These...
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19th May

Most recent Cross border enforcement (EU regime) content

Q&As

Is a power of attorney or notarial deed required when enforcing a judgment within the EU, if the judgment was made in one EU country and enforced in another (the UK), being the location of the registered office of the debtor?

Is a power of attorney or notarial deed required when enforcing a judgment within the EU, if the judgment was made in one EU country and enforced in...
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1st Aug
Q&As

Can I enforce a judgment quickly in an EU Member State using an EEO?

Can I enforce a judgment quickly in an EU Member State using an EEO?The quick answer is yes.To enforce a judgment quickly, you will need to obtain a...
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1st Aug
Q&As

When a European enforcement order has been obtained in England after judgment in the EU and there is an agreed enforcement method, is it necessary to obtain permission to serve out of the jurisdiction in respect of that chosen method and the papers connected to it if the debtor is outside of the UK, eg in Spain? For example, to obtain an attachment of earnings order or a third party debt order with the third party entity which is based in the UK but the debtor remains in the EU or Spain. Is this covered by CPR 6.33 and Article 24?

When a European enforcement order has been obtained in England after judgment in the EU and there is an agreed enforcement method, is it necessary to...
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1st Aug
Q&As

Which annex in Brussels I is required when making an application for an enforcement certificate?

Which annex in Brussels I is required when making an application for an enforcement certificate?This Q&A looks at which annex in Regulation (EC)...
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1st Aug
Q&As

Company A has offices in the UK and its head office is located and registered in the Netherlands. A contract with Company B provides for UK jurisdiction covering the terms and conditions. Can Company B subsequently issue proceedings against Company A by serving the claim form at their UK offices? If successful, can enforcement action be commenced against the UK assets?

Company A has offices in the UK and its head office is located and registered in the Netherlands. A contract with Company B provides for UK...
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31st Jul
Q&As

Do you have guidance on completing the form contained in Annex V to Brussels I?

Do you have guidance on completing the form contained in Annex V to Brussels I?The form contained in Annex V in Brussels I is required when seeking to...
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31st Jul
Q&As

Where a European Enforcement Order Certificate has been obtained in an EU Member State, how is this enforced against an individual in the UK?

Where a European Enforcement Order Certificate has been obtained in an EU Member State, how is this enforced against an individual in the UK?The...
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31st Jul
Q&As

How do you enforce an Irish judgment in England and Wales?

How do you enforce an Irish judgment in England and Wales?Which enforcement regime appliesIreland is an EU Member State. When seeking to enforce a...
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31st Jul
Q&As

How can English courts apply or refer to a Court of Justice decision if the judgment is not published in English and therefore there is no Court of Justice approved judgment available in English?

How can English courts apply or refer to a Court of Justice decision if the judgment is not published in English and therefore there is no Court of...
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31st Jul
tag iconBrexit
Q&As

If an application is prepared for registration of an EU judgment when seeking to enforce a foreign judgment in the UK, can the costs of dealing with the registration be added to the judgment debt?

If an application is prepared for registration of an EU judgment when seeking to enforce a foreign judgment in the UK, can the costs of dealing with...
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31st Jul
Q&As

Can protective measures be made at the same time as making the application for registration under Brussels I? CPR 74.9(1) seems to restrict any enforcement action until after the time for appeal has elapsed and therefore not at the same time as the application for registration.

Can protective measures be made at the same time as making the application for registration under Brussels I? CPR 74.9(1) seems to restrict any...
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31st Jul
Q&As

Is there a time limit for when a European Enforcement Order needs to be served on a debtor?

Is there a time limit for when a European Enforcement Order needs to be served on a debtor?European Enforcement OrdersThe European Enforcement Order...
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Produced in partnership with James Tunley of Lamb Chambers 31st Jul
Practice notes

Recognition of judgments under Brussels I

Recognition of judgments under Brussels IThis Practice Note provides guidance when seeking to recognise a judgment in the courts of England and Wales...
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Produced in partnership with Giles Wheeler of Fountain Court Chambers 31st Jul
Practice notes

Brussels I (recast)—application to the UK post IP completion day (enforcement)

Brussels I (recast)—application to the UK post IP completion day (enforcement)This Practice Note considers the impact of the UK leaving the EU on the...
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31st Jul
Practice notes

Brexit implementation period—enforcement [Archived]

Brexit implementation period—enforcement [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note considers...
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31st Jul
tag iconBrexit
Practice notes

Brexit post implementation period—considerations for dispute resolution practitioners

Brexit post implementation period—considerations for dispute resolution practitionersThis Practice Note addresses the implications of the UK leaving...
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31st Jul
tag iconBrexit
Practice notes

Enforcement of default judgments under Brussels I (recast)

Enforcement of default judgments under Brussels I (recast)This Practice Note provides guidance when seeking to enforce a default judgment given on the...
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31st Jul
Practice notes

A comparison between enforcement procedures under Brussels I and Brussels I (recast) [Archived]

A comparison between enforcement procedures under Brussels I and Brussels I (recast) [Archived]ARCHIVED: This Practice Note has been archived and is...
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Produced in partnership with Giles Wheeler of Fountain Court Chambers 31st Jul
Practice notes

Enforcement of judgments under Brussels I

Enforcement of judgments under Brussels IThis Practice Note provides guidance when seeking to enforce a judgment in the courts of England and Wales...
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31st Jul
Practice notes

Brexit implementation period—European cross border processes [Archived]

Brexit implementation period—European cross border processes [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This...
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31st Jul
tag iconBrexit

Popular documents

Entrapment

Entrapment

Entrapment There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a person into committing illegal acts and then seek to prosecute him for doing so. The House of Lords said that, although entrapment is not a

Summary assessment—statement of costs

Summary assessment—statement of costs

Summary assessment—statement of costsSummary assessment is the procedure whereby costs are assessed by the judge who has heard the case or application (see Practice Note: Summary assessment). This Practice Note considers the use of a statement of costs in summary assessment. Form N260 is a model

Guide to using the Lexis®PSL Employment Schedule of Loss application

Guide to using the Lexis®PSL Employment Schedule of Loss application

Guide to using the Lexis®PSL Employment Schedule of Loss applicationThe automated unfair dismissal schedule of loss is designed to make the preparation of a schedule more efficient, accurate and also easier to update. It:•can be used to create a schedule for a claimant or a counter-schedule for a

TCC—preparing for and attending a pre-trial review (PTR)

TCC—preparing for and attending a pre-trial review (PTR)

TCC—preparing for and attending a pre-trial review (PTR)Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in CPR 60, CPR PD 60 and the TCC Guide. As these provisions are additional to the general