This Q&A looks at which annex in Regulation (EC) 44/2001, Brussels I needs to be annexed to an application to the court made under CPR 74.12–13 to obtain a certificate to attach to an English judgment for enforcement in Spain. The provisions in Article 66 of Regulation (EU) 1215/2012, Brussels I (recast) make it clear that the regulation does not apply to cases where the proceedings were commenced prior to 10 January 2015. As set out in Article 66(2) of Regulation (EU) 1215/2012, Brussels I (recast), the precursor regulation ie Regulation (EC) 44/2001, Brussels I continues to apply to judgments handed down in proceedings which pre-date 10 January 2015: '1. This Regulation shall apply only to legal proceedings instituted, to authentic instruments formally drawn up or registered and to court settlements approved or concluded on or after 10 January 2015. 2. Notwithstanding Article 80, Regulation

As this Q&A has not stated whether the contract between the parties is in fact a consumer contract under section 4 (Articles 17–19) of the Regulation (EU) 1215/2012, Brussels I (recast) we have addressed both the situation where there is no consumer contract and the situation where there is a consumer contract. The basic rule is that persons domiciled in a Member State of the EU should be sued in the courts of that Member State. Is there a consumer contract? Article 18 of Regulation (EU) 1215/2012, Brussels I (recast) states in relation to consumer contracts: ‘A consumer may bring proceedings against the other party to a contract either in the courts of the Member State in which that party

Form N510 must be completed when serving the claim form out of the jurisdiction in circumstances in which the permission of the court is not required. This applies in a number of cases including when serving on a claim form on

The Solicitors Regulation Authority (SRA) has the power to levy fixed penalty fines for specified breaches of the SRA Standards and Regulations, or StaRs. The breaches in question are set out in rule 11.2 of the SRA Regulatory and Disciplinary Procedure Rules. They are considered ‘low-level’ breaches by the SRA and focus on administrative failures and failures to provide information to clients or the SRA in the: • SRA Transparency Rules • SRA Authorisation of Firms Rules • SRA Financial Services (Scope) Rules • SRA Code of Conduct for Firms SRA Transparency Rules Rule What the rule covers SRA Transparency Rule 1.5 Provision of costs information on your website SRA Transparency Rule 2.1 Provision of complaints handling procedure on your website SRA Transparency Rule 4.1 Provision of your SRA number and SRA digital badge on your website SRA Authorisation of Firms Rules Rule What the rule covers SRA Authorisation of Firms Rule 13.4 Notifying

Distance selling is covered in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013). The Practice Note: Different types of cancellation rights—law firms provides guidance on what type of contracts come within the purview of the CCR 2013. Where there is one sales contract If there is one contract for both the purchase and installation of goods (ie a kitchen), and it is a sales contract under the meaning in regulation 5: ‘“sales contract” means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods

The general rule The reason why an offer cannot be withdrawn after it has been accepted is that it is the action of acceptance which gives rise to a binding contractual agreement. Once a contract exists, one party cannot simply withdraw from it on a whim, unless the terms of the contract allow them to. The case law supporting this proposition has a long history. Payne v Cave and Routledge v Grant both held that neither party was bound until both had assented. Byrne & Co v Van Tienhoven & Co held that the offer had been accepted before its withdrawal had been attempted, and therefore the withdrawal was ineffective—it is a clear authority for the proposition here. However, some offers will not give rise to a binding contract if accepted—for example, there may be no consideration. In the absence of an enforceable obligation there is nothing stopping the offeror from refusing to honour their offer, except that in the right circumstances an estoppel may

This is a Part 7 claim which is at witness evidence stage. The tables in CPR 45, Section IIIA state that if the claim settles prior to proceedings being issued, and the agreed damages are at least £1,000, the fixed costs in those tables apply. What is the position for claims that have been issued? In answering the question, a number of assumptions need to be made. Firstly, it is assumed that this case began (or ought to have begun) as a Ministry of Justice Low-Value Personal Injury case in the Portal. As such, fixed costs would apply. These costs are initially governed by CPR 45, Section III. If a defendant disputes liability, or the case exits the Portal for any other reason, the claimant’s costs are subject to CPR 45, Section IIIA ‘Claims Which No Longer Continue Under the Road Traffic Accidents (RTA) or Employers’ Liability (EL)/Public Liability (PL) Pre-Action Protocols—Fixed Recoverable Costs’.

The usual rule as to costs under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 28.3 (ie generally no order as to costs save in exceptional circumstances) only applies to financial remedy proceedings (as confirmed in FPR 2010, PD 28A, para 4.2) and not, inter alia, to financial proceedings under Schedule 1 to the Children Act 1989. Schedule 1 proceedings are therefore subject to the costs rules set out in the Civil Procedure Rules 1998 (CPR 1998), SI 1998/3132. It is therefore open to the court to make a costs order

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. Applications seeking income payments orders (IPOs) are made pursuant to section 310 of the Insolvency Act 1986 (IA 1986), with IA 1986, s 310(1) stating that the court may make an IPO. 'The court' is defined in IA 1986, s 385(1) as being 'in relation to any matter…the court to which, in accordance with section 373 in Part X and the rules, proceedings with respect to that matter are allocated or transferred'. IA 1986, s 373(1) states that the High Court and the county court have jurisdiction throughout England and Wales in relation to debt relief orders, individual voluntary arrangements and bankruptcy

Where an application for permission to appeal has been considered on paper and refused, an application can be made for the decision to be reconsidered at an oral hearing. If permission to appeal is refused at an oral hearing, that decision may not be appealed (section 54(4) of the Access to Justice Act 1999). Where the lower court refuses permission to appeal, a further application may be made to the appeal court (Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 30.3(4)). Where the appeal court, without

Jurisdiction for proceedings under the Company Directors Disqualification Act 1986 (CDDA 1986) Jurisdiction for the commencement of proceedings is governed by section 6(3) of the Company Directors Disqualification Act 1986 (CDDA 1986), which is set out below: '(3) In this section and section 7(2), “the court” means— (a) where the company in question is being or has been wound up by the court, that court, (b) where the company in question is being or has been wound up voluntarily, any court which has or (as the case may be) had jurisdiction to wind it up, [(c) where neither paragraph (a) nor (b) applies but an administrator or administrative receiver has at any time been appointed in respect of the company in question,

The client due diligence (CDD) provisions of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLRs 2017), SI 2017/692 apply to the following persons