Recent Cross-Border / Jurisdiction

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    No-deal Brexit guidance: civil and commercial cooperation


    What action should your firm be taking in a no-deal scenario?

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    BTE insurance: Absolute right to own solicitor at all times


    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.

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    Brexit report on justice for families, individuals and businesses


    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 ...

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    Exploring the litigation landscape in Scotland


    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. 

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    Get your voice heard on Brexit


    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.

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    Brexit and article 50 – a summary of the High Court judgment


    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 ...

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    Case note: Moreno v Motor Insurers Bureau [2016] UKSC 52


    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?

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    A beginner's guide to cross-border mediation


    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.

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    Constitutional aspects of Brexit


    Jonathan Haydn-Williams reviews of some of the constitutional issues to which the referendum vote gives rise.

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    Massar [2016] ECJ C-460/14; Buyuktipi [2016] ECJ C-5/15


    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