The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
Brexit: The UK's departure from the EU has implications for practitioners considering which country’s laws will be applied when determining a dispute. For guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Applicable law.
For guidance on whether judgments of the Court of Justice are binding on UK courts, see Q&AAre UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?
This Practice Note considers applicable law clauses also known as a governing law clause, proper law clause or choice of law clause. Such clauses are used to determine the law to be applied by the courts when determining a dispute between the parties. Most commercial contracts will include such a clause. This Practice Note considers the rationale for agreeing an applicable law clause and the factors to take into account when agreeing one. It covers situations where parties can change the applicable law clause in their contract as well as whether specific types of clauses, ie floating applicable law clauses and stabilisation clauses, are valid. A sample applicable law clause is provided.
A commercial contract will set out the terms on which the contracting parties will carry out the contract. Where elements of the contract involve different countries, the interpretation and effect of the contract terms
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ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
Overlapping insurance policesThere are various reasons why an insured may end up with overlapping insurance cover, whether deliberately or otherwise.Examples include the situation where the insured takes the benefit of other insurance arranged by another party or where, in the commercial world, risk
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