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ARCHIVED: This Practice Note has been archived and is not maintained.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
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Joint, several, and joint and several liabilityContractWhere 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
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
Highways, street works and statutory undertakersCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the coronavirus (COVID-19) pandemic. For further information, see: Traffic Orders Procedure (Coronavirus)
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 whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and
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