The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note considers the rules of service and how they are impacted by Brexit. It explains why the Regulation (EC) 1393/2007, the Service Regulation continues to apply between the UK ‘s departure from the EU on 31 January 2020 and the end of the implementation period, referred to by the EU as the transition period.
For a quick reference Brexit research aid that answers key questions on Brexit and includes helpful Brexit updates, research tips and resources, see: Brexit Bulletin—key updates, research tips and resources.
This Practice Note using a number of definitions:
European Union (Withdrawal) Act 2018—EU(W)A 2018
European Union (Withdrawal Agreement) Act 2020—EU(WA)A 2020
exit day—is defined in EU(W)A 2018, s 20 and was 31 January 2020
implementation period—is defined in EU(WA)A 2020, s 1. ‘Implementation period’ is the UK’s preferred term, while the EU refers to this period as the ‘transition period’
IP completion day—is defined in EU(WA)A 2020, s 39, ie 31 December 2020
Joint Committee—is defined in Article 164(1) of the Withdrawal Agreement
Withdrawal Agreement—is defined in the EU(WA)A 2020, s 39(1) as the agreement between the UK and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the UK’s withdrawal from the EU (as that agreement is modified from time to time in accordance with any provision of it). The Withdrawal Agreement came into force on 31 January 2020.
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When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
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)
The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case
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