Cross border enforcement (EU regime)

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Latest Dispute Resolution News

Dispute Resolution weekly highlights—15 April 2021

The following Dispute Resolution news provides comprehensive and up to date legal information on Dispute Resolution weekly highlights—15 April 2021

Enforceability of restrictive covenants in a shareholders’ agreement and the assessment of damages for breach (Score Draw v PNH International)

The following Commercial news provides comprehensive and up to date legal information on Enforceability of restrictive covenants in a shareholders’ agreement and the assessment of damages for breach (Score Draw v PNH International)

Exclusion clauses in online consumer contracts (Green v Betfred)

The following Commercial news provides comprehensive and up to date legal information on Exclusion clauses in online consumer contracts (Green v Betfred)

Contempt—High Court declines to proceed on its own initiative (Isbilen v Selman Turk)

The following Dispute Resolution news provides comprehensive and up to date legal information on Contempt—High Court declines to proceed on its own initiative (Isbilen v Selman Turk)

Featured Dispute Resolution content

Novation—why and how to novate a contract

There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their...

Tort—the different types of tort

This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key...

Negligence—when is the duty of care breached?

Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider...

The tort of deceit

Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that...

Practice notes

Contractual damages—pecuniary losses

This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie...

Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 12th Jan

In-house

Practice notes

Part 18 requests for further information (CPR 18)

This Practice Note provides guidance on when to make a request for further information under CPR 18, the timing of the request, what information you...

9th Nov

In-house

Practice notes

Costs and the indemnity principle

This Practice Note explains the indemnity principle as applied when seeking to recover costs in proceedings. The principle sets out the extent of a...

9th Nov

Practice notes

Strike out applications—what, who and when

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

9th Nov

Practice notes

Filing the defence

This Practice Note sets out the considerations when seeking to file a defence.For guidance on drafting a defence, see Practice Notes: Drafting the...

9th Nov

Practice notes

Litigant in person costs—financial loss and hourly rates

CPR 46.5(4) sets out how the costs will be calculated and this is either by reference to:•proven financial loss, or•the amount for the time reasonably...

9th Nov

Practice notes

Single joint experts

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

9th Nov

Practice notes

What constitutes a valid assignment of a contract?

This Practice Note identifies what can be transferred when assigning a contract and how to effect a valid assignment of a contract. For guidance on...

9th Nov

In-house

Practice notes

Interdict and interim interdict in Scottish civil litigation

This Practice Note considers the position on interdict and interim interdict in Scotland. For guidance on:•some other forms of relief in Scottish...

Produced in partnership with Jim Cormack of Pinsent Masons 12th Jan

Scottish Law

Practice notes

The remedy of damages—general principles

What are damages?The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a claimant who has suffered loss or damage...

9th Nov

Practice notes

Claims for rectification

This Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a claim and what evidence...

9th Nov

Practice notes

Foreign Limitation Periods Act 1984

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering:•which applicable law to...

Produced in partnership with Thomas Ogden of 4 New Square and Anneliese Day QC of Fountain Court Chambers 12th Jan

Practice notes

Costs-only proceedings (Part 8)

This Practice Note explains costs only proceedings which are brought as Part 8 claims and are used to obtain a court order that there should be an...

9th Nov

Practice notes

Unfair prejudice petition—the procedure

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan

Practice notes

Forming enforceable contracts—the court's general approach

Note: this Practice Note is concerned only with the creation of binding legal relations by way of contract (whether in writing or orally) and is not...

9th Nov

Practice notes

Mediation—confidentiality and privilege

Confidentiality is particularly important in the context of mediation to enable parties to participate fully. Mediations are covered by two different...

9th Nov

In-house

Most recent Cross border enforcement (EU regime) content

Precedents

Witness statement resisting recognition and enforcement of judgment under Brussels I

Filed on behalf of the respondentWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...

Produced in partnership with Nicholas Pointon of St John's Chambers 13th Apr

Precedents

Case study application notice for registration of judgment under Brussels I

This case study is for use in registering a judgment under the enforcement provisions set out in Regulation (EC) 44/2001, Brussels I (Chapter III,...

Produced in partnership with Nicholas Pointon of St John's Chambers 13th Apr

Precedents

Witness statement supporting recognition and enforcement of judgment under Brussels I

Filed on behalf of the applicantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...

Produced in partnership with Nicholas Pointon of St John's Chambers 13th Apr

Practice notes

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 application of Regulation (EU) 1215/2012, Brussels I (recast) to the...

13th Apr

Practice notes

Enforcement of judgments under Brussels I (recast)

This Practice Note provides guidance when seeking to enforce a judgment in the courts of England and Wales under the enforcement provisions in...

Produced in partnership with Giles Wheeler of Fountain Court Chambers 13th Apr

Practice notes

Brexit post implementation period—considerations for dispute resolution practitioners

This Practice Note addresses the implications of the UK leaving the EU after the end of the implementation period, being 31 December 2020. This...

12th Apr

Brexit

Practice notes

Recognition of judgments under Brussels I

This Practice Note provides guidance when seeking to recognise a judgment in the courts of England and Wales for the purposes of enforcement under the...

Produced in partnership with Giles Wheeler of Fountain Court Chambers 12th Apr

Practice notes

Enforcement of judgments under Brussels I

This Practice Note provides guidance when seeking to enforce a judgment in the courts of England and Wales under the provisions in Regulation (EC)...

12th Apr

Precedents

Application notice for registration of judgment under Brussels I

This Precedent is for use in registering a judgment under the enforcement provisions set out in Regulation (EC) 44/2001, Brussels I (Chapter III,...

Produced in partnership with Nicholas Pointon of St John's Chambers 12th Apr

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?

We have assumed that this Q&A is directed at what steps are required to enforce a civil judgment of a court of an EU Member State in England and...

9th Apr

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.

For the purpose of this Q&A, we have assumed that enforcement is being sought under Regulation (EC) 44/2001, Brussels I and not Regulation (EU)...

9th Apr

Q&As

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

European Enforcement OrdersThe European Enforcement Order (EEO) is a certificate that accompanies a judgment or settlement and is recognised, and can...

Produced in partnership with James Tunley of Lamb Chambers 9th Apr

Q&As

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 enforce a foreign judgment under the provisions in Brussels I. When enforcing...

9th Apr

Q&As

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) 44/2001, Brussels I needs to be annexed to an application to the court made under CPR 74.12–13 to...

9th Apr

Precedents

Draft order for registration of judgment under Brussels I

Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...

Produced in partnership with Nicholas Pointon of St John's Chambers 9th Apr

Practice notes

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

ARCHIVED: This Practice Note has been archived and is not maintained. Regulation (EU) No 1215/2012, Brussels I (recast) introduced important changes...

Produced in partnership with Giles Wheeler of Fountain Court Chambers 8th Apr

Practice notes

Recognition of judgments under Brussels I (recast)

This Practice Note provides guidance when seeking to have a judgment recognised in the courts of England and Wales under the enforcement provisions in...

Produced in partnership with Giles Wheeler of Fountain Court Chambers 8th Apr

Practice notes

Brexit implementation period—European cross border processes [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note considers the rules of European cross border processes as they...

8th Apr

Brexit

Practice notes