The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
Brexit: The UK’s departure from the EU has significant implications for practitioners who wish to effect service of proceedings and other legal documents outside the jurisdiction. It also has an impact on the recognition and enforcement of judgments and orders in foreign jurisdictions. The court’s jurisdiction to grant injunctions, as well as its ability to effectively enforce them through committal proceedings, is dependent on proper service of defendants/respondents. If you are considering applying for or enforcing a freezing injunction against a defendant with links outside of the jurisdiction you should therefore be aware of the guidance set out in Practice Notes:
Cross border considerations—checklist
Brexit post implementation period—considerations for dispute resolution practitioners
Ancillary orders are made in support of a freezing injunction generally with a view to ensuring better enforcement and/or policing of the injunction (see, by way of example, JSC BTA Bank v Ablyazov, JSC Mezhdunarodniy Promyshlenniy Bank v Pugachev and FM Capital Partners v Marino). As stated by Rix J in the Court of Appeal (JSC BTA Bank v Ablyazov at para ):
‘The authorities demonstrate that it is vital for the court, in the interests of justice, to have effective powers, and effective sanctions. Without these, it would be possible for a defendant (or, in a different situation, a claimant) to flout the orders of the court, which are the
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The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to distribute these to the company's or individual's creditors. Office-holders have various duties and powers in order to ensure that they do this. For
BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
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