The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Jurisdiction.
This Practice Note aims to provide an understanding of what is meant by the term ‘jurisdiction’ when dealing with cross-border litigation. It explains the importance of determining which court has jurisdiction and how the courts of England and Wales will determine whether it has jurisdiction to determine a particular dispute.
There are a number of jurisdiction regimes the courts can apply to determine jurisdiction and it can be difficult to determine which one applies, particularly in light of the UK’s departure from the EU. The main regimes being Civil Jurisdiction and Judgments Act 1982 for disputes within the UK, the Brussels Regime for disputes with an EU element (Regulation (EU) 1215/2012, Brussels (recast), Regulation (EC) 44/2001, Brussels I and the Brussels Convention), Lugano Convention 2007 for disputes with an European Free Trade Association (EFTA) state element, the Hague Convention on Choice of Court Agreements and the English common law. Once the relevant jurisdiction regime has been identified, navigating through it in terms of both its scope and application is also not always straightforward. The impact of the UK leaving the EU must also be considered. For guidance, see below: Brexit—implications of
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What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA documentation and related topics. It covers LMA updates from early 2013 to January 2016. For the latest LMA developments since January 2016, see Practice Note: Loan Market Association (LMA)—latest news on
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