A European court has ruled that a legal expenses insurer’s terms and conditions were incompatible with the Solvency II Directive, and that the claimant had a free choice of lawyer under a contract of legal expense insurance. Kerry Underwood’s response? Don’t take no for an answer from BTE insurers.
The House of Lords EU Committee has published a report about the effect of Brexit on three EU Regulations which together ‘play an important role in facilitating the daily operation of the European legal system’. Jonathan Haydn-Williams looks at the Committee’s conclusions as to the Brussels I Regulation ‘recast’ relating to civil and commercial matters.
Euan McSherry, DWF Head of Litigation in Scotland, introduces readers to the possibly unfamiliar territory of raising court proceedings north of the border: in particular, the changing face of litigation expenses, raising arbitrations and going to mediation, where it is not mandatory.
The Law Society would like to hear from Civil Litigation Section members about their views on how a number of areas may be affected by Brexit and, in particular, any transitional arrangements that may need to be put into place.
From screaming headlines to more sober assessments, much has been written about this decision of the High Court since it was delivered earlier this month. An appeal by the government is currently being heard by the Supreme Court. Jonathan Haydn-Williams and Goodman Derrick outlines the main elements of the High Court’s decision.
The Supreme Court gave judgment in this case on 2 August 2016, and settled a very important issue: how are damages assessed when a British citizen is injured in an overseas accident?
Cross-border mediation is a process where a mediator assists two or more parties to manage and resolve a multi-jurisdictional dispute within the EU. Vincent Adon, mediator and founder of London ADR, presents a beginner’s guide.
Jonathan Haydn-Williams reviews of some of the constitutional issues to which the referendum vote gives rise.
The ECJ has provided guidance on the proper construction of ‘inquiry’ in article 4(1) of Council Directive 87/344/EEC relating to insureds’ right to choose a lawyer under a legal expenses insurance policy
More citizens and small firms will be able to use the simplified EU procedure to resolve low-value disputes across borders