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: Forum non conveniens and international jurisdictional regimes below. For general guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Jurisdiction.
For guidance on the status of judgments of the Court of Justice, 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 considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied by the courts when determining whether to grant permission to serve out of the jurisdiction or dealing with a dispute as to jurisdiction. The doctrine is also relevant in relation to applications for restraint of foreign proceedings. This Practice Note considers the application of the doctrine of forum non conveniens to these situations. In addition, it considers the use of negative declarations as to a court’s jurisdiction as well as appealing a decision on forum.
For guidance on key considerations when dealing with forum non conveniens, see Practice Notes:
Forum non conveniens—connecting factors
Forum non conveniens—requirement for justice
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Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
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
Background to the Single RulebookHistorically, the European Commission (Commission) favours using Directives (rather than Regulations) to set out its legislation in respect of the financial services sector. However, Directives, allowing Member States greater flexibility in how they implement
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