The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
ARCHIVED: This Practice Note has been archived and is not maintained. The UK and EU’s specific proposals for dealing with jurisdiction of disputes will be a key issue for UK practitioners. This Practice Note considers the impact that Brexit will have on determining jurisdiction or understanding choice of court agreements when the UK leaves the EU. It considers the current position, as determined under Regulation (EU) 1215/2012, Brussels I (recast). It then summarises the UK’s and EU’s respective positions and considers the likely potential outcomes, based on the information available, for such issues. The Practice Note considers potential issues that may arise when the UK leaves the EU. It also considers potential regimes that may assist in determining the jurisdiction, being the Hague Convention on Choice of Court Agreements and the Lugano Convention 2007. Finally, it considers the drafting of a jurisdiction clause.
For an understanding of how a deal or no deal position may be reached, the House of Commons Exiting the EU Committee report: The progress of the UK’s negotiations on EU withdrawal (June to September 2018) at para  provides a useful flowchart.
When determining jurisdiction issues in disputes involving EU Member States consideration needs to be given to Regulation (EU) 1215/2012, Brussels I (recast). Regulation (EC) 44/2001, Brussels I, the precursor of this regulation, has limited application when determining whether a
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What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also
BREXIT: UK is leaving EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. For further guidance on the impact of Brexit on e-money requirements, see Practice Note: Impact of Brexit: Payment services and electronic money directives—quick
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
A limited company that proposes to issue redeemable shares must comply with the provisions of the Companies Act 2006 (CA 2006).Why do companies issue redeemable shares?A company may wish to issue redeemable shares so that it has an alternative way to return surplus capital to shareholders without
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