The following Dispute Resolution practice note Produced in partnership with James Beeton of 12 King's Bench Walk provides comprehensive and up to date legal information covering:
This Practice Note is for use when determining applicable law where the contract was entered into on or before 31 December 2020.
For guidance on the position where the contract was entered into on or after 1 January 2021, see Practice Note: Retained Rome I—consumer contracts (Art 6).
Brexit: The UK's departure from the EU has implications for practitioners considering which country’s laws will be applied when determining a dispute. For guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Applicable law.
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 considers consumer contracts in Article 6(1) of Regulation (EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). The Practice Note explains the process by which the applicable law is determined for consumer contracts and the limitations that apply for where the parties wish to make their own choice of law. A consumer contract will be governed by the law of the country in which the consumer has their habitual residence. The Practice Note explains how to determine the habitual residence of the consumer and why the
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Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a
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
This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how does tort relate to contract and criminal law•how has the law of tort developed?•what is the scope of tort, ie what interests does it protect? What
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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