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NEWS
Former nurse Lucy Letby has received a whole life order, after being sentenced at Manchester Crown Court on 21 August 2023. Letby had previously been found guilty of the murder of seven babies, as well as the attempted murder of six others. In its press release on the case, the Crown Prosecution Service (CPS) has revealed that key evidence used by the prosecution consisted of: medical records, which established the condition of babies when they were attacked; text messages and social media activity, which were 'similar to a live blogging of events', and also demonstrated Letby's 'intrusive curiosity about the parents of babies she had harmed'; staff rotas, which indicated that Letby had been the 'common denominator' in the series of deaths and sudden collapses on the neonatal unit, as well as handwritten notes and diaries, which included phrases such as 'I killed them on purpose because I'm not good enough to care for them'.
NEWS
MLex: Lufthansa has made a revised offer to amend its Italia Trasporto Aereo (ITA) buyout in a bid to win EU clearance for the deal, MLex has learned. The European Commission's deadline to decide on the deal is expected to be extended to 4 July 2024.
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 23 May 2013; it is no longer maintained. See further, timeline and related cases. Case facts Outline European Commission Article 101 TFEU investigation into a joint venture between Lufthansa, United Airlines and Air Canada (case number COMP/39.595). The Commission accepted commitments from the parties on 23/05/2013. Latest developments The Commission accepted commitments offered by the parties. The parties have offered to make take-off/landing slots available at Frankfurt airport and either JFK or Newark airports serving New York. The parties have also offered to enter into agreements to allow competitors to offer tickets on the parties' flights and access to connecting flights. The parties will also submit data in relation to their co-operation to allow an evaluation of Star Alliance's impact over time to be assessed. The commitments
PRACTICE NOTES
This Practice Note considers the impact of the UK leaving the EU on the application of the Lugano Convention 2007 to the recognition and enforcement of judgments. From a UK perspective, this is dealt with by relevant domestic legislation, which includes transitional provisions. The contracting parties to the convention are the EU, Denmark and relevant EFTA States, being Iceland, Norway and Switzerland but prior to 31 December 2020 at 11 pm, the convention applied between the UK and Iceland, Norway and Switzerland. It did not apply between the UK and EU Member States (including Denmark) as the EU regulations or specific agreements applied in such cases. The UK courts continue to apply the Lugano Convention in cases in which the proceedings were commenced on or before 31 December 2020 at 11 pm. The application of the convention is provided for through relevant domestic legislation, which includes transitional provisions. The courts of Iceland, Norway and Switzerland no longer apply the Lugano Convention for the purposes of enforcement of an English
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the impact of the UK leaving the EU on the application of the Lugano Convention 2007 to determine jurisdictional disputes. From a UK perspective, this is dealt with by relevant domestic legislation, which includes transitional provisions. The implications of the UK becoming a third state in respect of the convention are also considered—the UK was a party to the Lugano Convention 2007 by virtue of its membership of the EU. The contracting parties to the convention are the EU, Denmark and relevant EFTA States, being Iceland, Norway and Switzerland. For guidance on the position during the implementation period, see Practice Note: Brexit implementation period—jurisdiction [Archived]. For further relevant guidance on the effect of the UK’s departure from the EU when dealing with matters of jurisdiction, see: Brexit post implementation period—considerations for dispute resolution practitioners—Jurisdiction. Definitions This Practice Note using a number of definitions: • European Communities Act 1972—ECA 1972 • European
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the application of the Lugano Convention 2007 to disputes involving non contracting parties to the convention (often known as third states). It sets out the various provisions in this convention that can apply to situations involving third states and discusses the impact for the UK in the application of those provisions following its departure from the EU—the UK was a party to the Lugano Convention 2007 by virtue of its membership of the EU. The contracting parties to the convention are the EU, Denmark and relevant EFTA Member States being Iceland, Norway and Switzerland. It should be noted that in the absence of any guidance from the relevant EFTA contracting States as to the position they intend to take in relation to the UK now it is a third state for the purposes of the Lugano Convention 2007, it is key that local advice is obtained as to the relevant jurisdictional rules that will be
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the general provisions in the Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters signed at Lugano on 30 October 2007 (the Lugano Convention 2007). It sets out the background to the convention, when it applies and the contracting states to the Convention. It explains the relevance to understanding the Convention of the case law construing both the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters signed at Brussels on 27 September 1968 (the Brussels Convention) and Regulation (EC) 44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (Brussels I). Definitions • Brussels Convention 1968—the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters signed at Brussels on 27 September 1968 • Regulation (EC) 44/2001, Brussels I—Regulation (EC) 44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the Lugano Convention 2007 and the general rule when dealing with issues of jurisdiction. It then considers the exceptions to that rule. For an understanding of the scope of the convention, see Practice Note: Lugano Convention 2007—background and scope [Archived]. Definitions • Brussels Convention 1968—the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters signed at Brussels on 27 September 1968 • Regulation (EC) 44/2001, Brussels I—Regulation (EC) 44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters • Regulation (EU) 1215/2012, Brussels I (recast)—Regulation (EU) 1215/2012 of the European Parliament and of the Council of 12 December 2012 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters • Lugano Convention 1988—the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters signed at Lugano on 16 September 1988
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Most of the case law referred to in this Practice Note was decided specifically under the Lugano Convention 2007. However, where case law (of both EU Member State courts or the Court of Justice) decided under Brussels I or Brussels I (recast) is relevant because the provisions are identical or substantially similar, reference is made to the corresponding Brussels regime Practice Notes, which should be considered together with this note. For guidance on whether judgments of the Court of Justice are binding on UK courts following the UK’s departure from the EU, see Q&A: Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit? Definitions • Brussels Convention 1968—the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters signed at Brussels on 27 September 1968 • Brussels I—Council Regulation (EC) No.44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the general provisions in the Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters signed at Lugano on 30 October 2007 (the Lugano Convention 2007). It looks at the effects of a jurisdiction agreement under Article 23 and then sets out the requirements for a valid jurisdiction agreement under Article 23. It then goes on to specifically consider the requirement for the agreement to be in writing or evidence in writing as well as situations in which the jurisdiction agreement is in a form which accord with the parties’ established practices or is in a form which accords with a widely known usage. The Practice Note considers exclusive and non-exclusive jurisdiction agreements and what parties must prove when seeking to rely on a jurisdiction agreements. Protection for weaker parties in insurance, employment and consumer contracts are also covered along with the position when
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Most of the case law referred to in this Practice Note was decided specifically under the Lugano Convention 2007. However, where case law (of both Member State courts or the Court of Justice) decided under Brussels I or Brussels I (recast) is relevant because the provisions are identical or substantially similar, reference is made to the corresponding Brussels regime Practice Notes, which should be considered together with this note. For guidance on whether judgments of the Court of Justice are binding on UK courts following the UK’s departure from the EU, see Q&A: Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit? Definitions • Brussels Convention 1968—the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters signed at Brussels on 27 September 1968 • Brussels I—Council Regulation (EC) No.44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the provisions in the Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters signed at Lugano on 30 October 2007 (the Lugano Convention 2007) dealing with issues of special and exclusive jurisdiction. This covers Article 5, which deals with, among other things, contract and tort claims, Article 6, which covers issues such as dealing with multiple defendants, third parties or counterclaims. It also considers the different categories of claims that fall within Article 22 under which the courts of a contracting state will have exclusive jurisdiction. Finally, this Practice Note discusses the implications for the application of Article 22 (which applies regardless of domicile of the parties) now the UK is no longer bound by the convention as a result of its membership of the EU and is a so called third state for the purposes of the application of the convention. For general