The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note addresses the implications of the UK leaving the EU after the end of the implementation period, being 31 December 2020. This Practice Note considers the position in relation to proceedings involving civil and commercial matters. It explores the application of EU law and international conventions in the UK as well as specific considerations when dealing with considerations as to applicable law, jurisdiction, service of documents, taking of evidence, mediation, cross border process and recognition and enforcement of judgments. It is important to be aware that the impact is not limited to EU Member States but also contracting states of the Lugano Convention 2007 (Iceland, Norway and Switzerland) and in some instances, contracting states of the Hague Convention on Choice of Court Agreements (Mexico, Montenegro and Singapore). This Practice Note considers the position in relation to proceedings involving civil and commercial matters. Specific rules apply when dealing with other forms of proceedings eg insolvency or family matters and these are outside the remit of this Practice Note.
This Checklist uses a number of definitions and abbreviations as follows:
CPR—Civil Procedure Rules
Hague Convention on Choice of Court Agreements—Convention of 30 June 2005 on Choice of Court Agreements
Hague Service Convention—Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters (1965)
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Convention rights—structure of qualified rightsThe rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human Rights Act 1998 Sch 1, can be broadly divided into three groups:•absolute rights—which cannot be interfered with by the state or derogated from even in a
Indirect discriminationThis Practice Note considers unlawful indirect discrimination under Equality Act 2010 (EqA 2010).There is a clear difference between direct and indirect discrimination, and the two are mutually exclusive (although claims may of course be brought in the alternative):•the law
Lexcel—assessmentLexcel is the Law Society's practice management standard. It is not compulsory although Lexcel accreditation can be helpful for firms wishing to be accredited under the Conveyancing Quality Scheme or the Legal Service Board's Specialist Quality Mark. This Practice Note tells you
Negligence—key elements to establish a negligence claimNegligence—what are the key ingredients to establish a claim in negligence?For liability in negligence to be founded, four key ingredients must be present:•duty of care•breach of that duty•damage (which is caused by the breach)•foreseeability of
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