The following Dispute Resolution practice note produced in partnership with Cara North of Lipman Karas provides comprehensive and up to date legal information covering:
Brexit: The UK's departure from the EU has implications for practitioners considering the recognition and enforcement of judgments. For general guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Recognition and enforcement of judgments. For specific guidance on the impact on the application of the convention to the UK, see Practice Note: Hague Convention on Choice of Court Agreements (jurisdiction and enforcement)—Brexit considerations.
This Practice Note considers the Hague Convention on Choice of Court Agreements and its application when seeking to enforce a court judgment or a judicial settlement. It considers the definition of a judgment and judicial settlement, the requirements for the recognition and enforcement of a court judgment, including the severability of a judgment as well as enforcement of non-monetary remedies and judicial settlements. The Practice Note also covers the procedure for recognition and enforcement and the documents required, as well as specific considerations in England and Wales. Finally, it looks at the grounds for refusing recognition or enforcement under the convention.
For practitioners working with the Convention there is an explanatory report by Trevor Hartley and Masato Dogauchi which provides detailed explanations for each article.
Article 16 of the convention is a key consideration when determining whether the convention applies to a matter involving a new contracting state. For general guidance, see
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The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must prove the defendant unlawfully
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
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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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