The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Jurisdiction. These include implications for the application of Article 25 of Regulation (EU) 1215/2012, Brussels I (recast) to proceedings involving the UK. For guidance, see: Impact of UK becoming a third state—application of Article 25 below.
For guidance on whether judgments of the Court of Justice are binding on UK courts, see Q&A: Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?.
This Practice Note explains choice of court agreements, as set out in Article 25 of Regulation (EU) 1215/2012, Brussels I (recast). It covers a range of issues such as derogation, when Article 25 of Regulation (EU) 1215/2012, Brussels I (recast) does not apply, whether hybrid agreements are covered, the effect on non-EU parties and the requirements for a valid choice of court agreement. It also covers the hearing and the standard of proof required. This Practice Note includes discussion of the application of Article 25 to the UK as a non-EU Member State (or a third state as they are often known) following its departure from the EU (subject to the application of transitional provisions in the Withdrawal Agreement). For general
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This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural
When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
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
STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose significant limitations on the ability for a creditor to seek a winding-up order against a company. For further reading, see Practice Note: Corporate
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