English lawyers dealing with cross-border litigation need to be aware of a variety of different regimes that are used to determine the courts that can, or should, hear a claim against a particular defendant. The regime that provides rules for the allocation of jurisdiction

Restructuring & Insolvency analysis: Eleanor Temple, barrister at Kings Chambers, examines the High Court's appeal decision to annul a bankruptcy order made against the appellant. The court held that there had been no jurisdiction to make the order since the appellant had been neither domiciled in England and Wales nor, for the three years before the bankruptcy petition was presented, ordinarily resident or carrying on business there. The appellant's attempts as director of a company incorporated in England and Wales to find potential investors or purchasers to rescue the company from its financial distress did not amount to carrying on business even though one of the options might have led to the sale of shares in the company, including the appellant’s shares.

Referring to the 1999 Uninsured drivers' agreement, section 5 outlines the Motor Insurers Bureau (MIB)'s liability to compensate the claimant in the event of an ‘unsatisfied judgment’, which is defined as: ‘a judgment or order (by whatever name called) in respect of a relevant liability which has not been satisfied in full within seven days from

The word ‘curtilage’ is used frequently in a planning context. It appears in legislation, and its meaning has challenged many practitioners, as well as judges from courts of first instance to those of the Supreme Court. The summary contained in Practice Note: Material change of use is very helpful and it draws on the recent judgment of Lieven J in the case of Challenge Fencing Limited v SSHCLG. ‘Curtilage’ is used in many different contexts, including Permitted Development Rights arising under the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596 and the Planning (Listed Buildings and Conservation Areas) Act

This Practice Note looks at what constitutes a UK permanent establishment (PE) in the context of UK real estate. Historically, this question was extremely important because: • prior to 6 April 2015, a non-UK resident company disposing of UK residential property was only chargeable to corporation tax on chargeable gains if the gain was attributable to a UK PE, branch or agency—for more information see Practice Note: Non-resident CGT—summary [Archived], and • prior to 5 July 2016, a non-UK resident company that traded in UK property was only chargeable to corporation tax on income if it was carrying on that trade through a UK PE However, the question of whether a non-UK resident company has a UK PE in the context of UK real estate is now of much less importance because: • with effect on and from 5 July 2016, a non-UK resident company which carries on a trade of dealing or developing UK land is subject to corporation tax in respect of profits of that trade

Financial promotions under section 21 of the Financial Services and Markets Act 2000 Under section 21 of the Financial Services and Markets Act 2000 (FSMA 2000), a person must not, in the course of business, communicate an invitation or inducement (communicate includes causing a communication to be made) to engage in investment activity, the entering or offering to enter into an agreement the making or performance of which by either party constitutes a controlled activity, or the exercising of any rights conferred by a controlled investment to acquire a controlled investment. The ‘Financial promotion—flowchart’

BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before

This Practice Note considers assigning contracts (transferring contracts): what amounts to a valid assignment of a contract, what can be assigned, when a contract can be assigned, how to assign a contract, by law and in equity, whether consent to an assignment is required, what defences remain where a benefit in a contract is assigned to a third party and how to challenge assignments. It also includes consideration of the assignment of receivables. For guidance on common contract assignment scenarios, see Practice Note: Assigning contracts—common scenarios and considerations. For guidance on the key practical and commercial considerations when assigning contracts, see Practice Note: How to assign rights under a contract. Note also that when discussing assigning contractual rights, reference may also be made to assigning ‘chose in action’ in the sense that the benefit of a contract has been held to be a chose in action. When is assignment of contracts relevant for consideration? Contracts, or rather, rights under contracts, are frequently assigned as part of the way companies run their

Section 33(2) of the Deregulation Act 2015 (DA 2015) provides that: '(2) A section 21 notice given in relation to an assured shorthold tenancy of a dwelling-house in England is invalid where— (a) before the section 21 notice was given, the tenant made a complaint in writing to the landlord regarding the condition of the dwelling-house at the time of the complaint, (b) the landlord— (i) did not provide a response to the complaint within 14 days beginning with the day on which the complaint was given, (ii) provided a response to the complaint that was not an adequate response, or (iii) gave a section 21 notice in relation to the dwelling-house following the complaint, (c) the tenant

Dispute Resolution: On an application for default judgment, Master Dagnall held that, where the claimant was claiming damages for inter alia libel and slander and psychiatric injuries, the fact that he had specified the precise sum of money he was claiming in his claim form did not entitle him to automatic judgment without the court being able to assess the sums claimed. In reality, the claim was for damages to be assessed by the court. Written by David Juckes, barrister at Hailsham Chambers.

In summary, the General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR) became applicable from 25 May 2018 and introduced substantial amendments to EU and UK data protection law, and replaced (in the UK, together with the Data Protection Act 2018 (DPA 2018)) the preceding Data Protection Act 1998 (DPA 1998) and Directive 95/46/EC (the Data Protection Directive) from that date. Under the GDPR, transfer restrictions apply both to controllers and processors when personal data is transferred to a third country or an international organisation. In addition, transfer restrictions apply both to the initial transfer and to any 'onward transfer'. See Article 44 of the GDPR which states: ‘Any transfer of personal data which are undergoing processing or are intended for processing after transfer to a third country or to

For section 245 of the Insolvency Act 1986 (IA 1986) to have any effect the company must have entered administration or liquidation. The onset of insolvency is: • where the company has gone into administration: