The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
ARCHIVED: This Practice Note covers the situation where the UK and the EU do not reach an agreement for the service of documents following the UK leaving the EU. During the implementation period that starts on exit day ie the day the UK leaves the EU, the provisions in the withdrawal agreement will apply. For guidance, on the implementation period and the impact of the withdrawal agreement on service, see Practice Note: Brexit implementation period—service of documents.
This Practice Note considers the effect of the UK leaving the EU without a deal when dealing with the service of court documents. The following UK regulations dealing with no deal Brexit impact service:
the Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 2018, SI 2018/1257 which revokes the key EU regulation in this area, ie Regulation (EC) 1393/2007, the Service Regulation and the agreement between the European Community and the Kingdom of Denmark on the service of judicial and extra-judicial documents in civil or commercial matters
the Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, SI 2019/521 which makes amendments to CPR 6 which deal with service. Changes to the practice direction accompanying CPR 6 are made in the 107th update—Practice Direction Amendments document
the Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements
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What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
A limited company that proposes to issue redeemable shares must comply with the provisions of the Companies Act 2006 (CA 2006).Why do companies issue redeemable shares?A company may wish to issue redeemable shares so that it has an alternative way to return surplus capital to shareholders without
Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
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