The following Dispute Resolution practice note Produced in partnership with Angharad Parry of 20 Essex Street 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—contracts of carriage (art 5).
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 the provisions in Article 5 of Regulation (EC) 593/2008, Rome I which provides for the determination of choice of law in relation to contracts of carriage. The article addresses both the carriage of goods and carriage of passengers, but this Practice Note considers only the carriage of goods.
The provisions of Article 5 of Regulation (EC) 593/2008, Rome I apply only to the extent that there is no choice of law pursuant to Article 3 of Regulation (EC) 593/2008, Rome I.
In practice, the majority of large scale carriage of goods cases will take place on contractual terms containing a
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Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
Produced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note summarises the rules and guidance in relation to parties who are, or may be presumed to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular the
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This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and
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