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ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the impact that Brexit will have on the service of court documents within the EU when the UK leaves the EU. It considers the current position under Regulation (EC) 1393/2007, the Service Regulation and summarises the UK and EU’s respective positions and considers the likely potential outcomes, based on the information available. The Practice Note then considers potential issues which may arise when the UK exits the EU and potential regimes which may assist when seeking to serve judicial and extra-judicial documents in the EU.
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 seeking to serve documents out of the UK on a party in an EU Member State, the methods of service are provided for in Regulation (EC) 1393/2007, the Service Regulation. For guidance on the application of the regulation, see Practice Note: The Service Regulation—service outside the jurisdiction.
For guidance on service out of the jurisdiction more generally, see: Service outside England and Wales—overview.
Section 3 of the European Union (Withdrawal) Act 2018 (EU(W)A 2018), which is not yet in force,
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What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
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