| 1 | Corporate restructuring under the US Bankruptcy Code ... A note on the key features of Chapter 11 (reorganisation proceedings), section 363 (bankruptcy sales), and Chapter 15 (US recognition of foreign insolvency proceedings) of the US Bankruptcy Code. The note also addresses the recognition of US corporate insolvency procedures in the UK under the Cross-border Insolvency Regulations 2006 (SI 2006/1030). | Practice note: overview | Maintained |
| 2 | Jurisdiction: an overview This note considers the jurisdictional issues which arise when litigation has a foreign element. It sets out the rules which determine whether the English court will have jurisdiction, both under the common law and the European regime, in particular under the Brussels Regulation. | Practice note: overview | Maintained |
| 3 | Security for costs: an overview This practice note provides an overview of security for costs applications in civil proceedings. It covers the general issues to be considered when applying for security for costs and how a court will decide whether to make an order. More detailed guidance on particular aspects of this topic, and the procedural requirements for applications, are dealt with in separate practice notes. | Practice note: overview | Maintained |
| 4 | Service of the claim form and other documents: outside the ... Service of a claim is the procedure used to give legal notice to a defendant of a court's exercise of its jurisdiction over the defendant, enabling them to respond to the proceedings before the court.In some cases where the English court has jurisdiction to resolve a dispute, one or more defendants may be located outside the court's jurisdiction. This practice note sets out the framework for service of English claim forms and other documents on defendants outside England and Wales. It explains the rules which determine whether the claim can be served with or without the court's permission and the procedure for effecting service under the different regimes that apply, depending on where the defendant is domiciled. It also covers service of foreign proceedings in England and Wales. It does not cover serving foreign proceedings in another foreign jurisdiction, for which local advice must be sought. | Practice note: overview | Maintained |
| 5 | A world tour of the rules of privilege This note provides an overview of the law on privilege in 23 jurisdictions as at 30 July 2009. Where relevant, it will be necessary to check whether the law has changed since then. | Practice notes | 30-Jul-2009 |
| 6 | Competition regime: EU Legal privilege This Practice note considers the extent to which companies may be able to prevent disclosure of documents on the grounds that the documents are entitled to protection by the right of legal professional privilege in relation to European Commission competition investigations. (The authors are grateful to Lesley Ainsworth of Hogan Lovells International LLP for her assistance in the preparation of this Practice note). | Practice notes | Maintained |
| 7 | Cross-border recognition issues in corporate recovery and ... This is a practice note on the recognition of restructuring and insolvency proceedings across different jurisdictions. It discusses why such recognition may be crucial to the success of formal corporate restructuring and insolvency processes (such as schemes of arrangement, CVAs and administrations). It also details the principal considerations when seeking recognition and provides an overview of the main legal regimes governing the recognition of UK insolvency proceedings abroad, and the recognition of foreign proceedings in the UK. | Practice notes | Maintained |
| 8 | Data protection in outsourcing transactions: the UK ... This article is part of the PLC multi-jurisdictional guide to outsourcing. For a full list of contents, please visit www.practicallaw.com/outsourcinghandbook. This article outlines some key issues companies should consider regarding the processing of personal information in UK outsourcing transactions. In particular, it explains: The principles of the Data Protection 1998 Act concerning the processing of personal data, the key rights that the Data Protection Act gives to data subjects, the consequences for companies of breaching the Data Protection Act and the key issues that arise in outsourcing transactions as a result of the Data Protection Act's requirements. | Practice notes | 01-Feb-2011 |
| 9 | Domicile This practice note explains what domicile is in the context of UK taxation and how it is determined. It does not seek to cover the application of domicile in the context of the conflict of laws, which is beyond the scope of this note. NOTE: This resource is being reviewed in light of the 2013 Budget. For more information, see 2013 Budget: key private client tax announcements. | Practice notes | Maintained |
| 10 | EU law and its interpretation in the UK An outline of the EU legislative process and its interpretation in the UK. | Practice notes | Maintained |
| 11 | EU Succession Regulation (Brussels IV) This note discusses the key points of the Regulation (EU) 650/2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, known as Brussels IV. Richard Frimston is a member of the PLC Private Client consultation board. | Practice notes | Maintained |
| 12 | European Order for Payment This note considers the European Order for Payment procedure under Regulation 1896/2006/EC of the European Parliament and of the Council of 12 December 2006 which aimed to simplify, speed up and reduce the costs of cross-border litigation involving uncontested debts within the EU. Note that the European Enforcement Order facility, which applies to uncontested judgments is covered in a separate practice note (see Practice note, Reciprocal enforcement of judgments: European Enforcement Orders). | Practice notes | Maintained |
| 13 | European Small Claims Procedure Regulation 861/2007/EC of the European Parliament and of the Council establishing a European Small Claims Procedure (the Regulation) was published in the Official Journal on 11 July 2007. It substantially came into force on 1 January 2009. The Regulation contains a standardised procedure for cross-border civil and commercial claims of modest value (under EUR2,000) and is intended to facilitate access to justice by simplifying and speeding up lower value cross-border litigation and by reducing its cost. The Regulation applies to all EU member states, except Denmark. It is worth having a working knowledge of the Regulation. Even though many private practice lawyers may never deal with such a low-value claim as part of their main fee-earning practice, they may be asked to advise on one in a pro bono context or to provide guidance to clients or their in-house lawyers who may be dealing with such a claim themselves. | Practice notes | Maintained |
| 14 | Forum shopping in insolvency proceedings This practice note discusses an entity's ability to shift its centre of main interests (COMI) to another jurisdiction, principally under the EC Regulation on Insolvency Proceedings (1346/2000), to take advantage of the insolvency regime in that jurisdiction. This is sometimes known as forum shopping. | Practice notes | Maintained |
| 15 | Governing law and jurisdiction clauses A practice note covering the reasons for including governing law and jurisdiction clauses with drafting guidance. | Practice notes | Maintained |
| 16 | Hybrid, multi-tiered and carve-out dispute resolution clauses This practice note considers the different forms that so-called "hybrid", "multi-tiered" (or "escalation") and "carve-out" dispute resolution clauses may take. Although a short form, standard arbitration or jurisdiction clause will suffice in the majority of contracts, certain complex projects may require more complicated dispute resolution provisions. This note focuses on the issues that may arise in using complex clauses and highlights the potential pitfalls a lawyer may face in drafting these types of clauses. | Practice notes | Maintained |
| 17 | Is your governing law clause effective? A well drafted contract will have a governing law clause which determines the substantive law that will be applied to work out the rights and obligations of the parties to the contract. Generally, the English courts will uphold an express choice of law as a valid choice. However, while an express choice of law in relation to contractual obligations cannot be overturned, significant challenges can be made to it under the Rome Convention or the Rome I Regulation, which can have the effect of modifying the applicable law. This note looks at the three situations in which the express choice of law in respect of contractual obligations can be modified under the Rome Convention or the Rome I Regulation under English law. This note does not consider the effectiveness of a governing law clause covering non-contractual obligations, and the challenges that may be made to such a clause. For a detailed discussion of the issues which arise in that context, see Practice note, Rome II: an outline of the key provisions. | Practice notes | Maintained |
| 18 | Issues in transatlantic litigation This note address the issues that arise when it is possible for a party to bring proceedings in the courts of England and Wales, or the US. The note: Considers the key procedural differences between English and US litigation. Identifies major differences in the substantive laws of the two jurisdictions. Discusses the practical issues facing litigants in transatlantic litigation. | Practice notes | Maintained |
| 19 | Letters of request How can a party to litigation in one jurisdiction obtain evidence from a witness in another jurisdiction? This practice note considers the law, procedure and practical difficulties faced by parties and witnesses in this situation. | Practice notes | Maintained |
| 20 | Looking ahead tracker: developments in dispute resolution A tracker outlining anticipated key developments in litigation and alternative dispute resolution (ADR). | Practice notes | Maintained |
| 21 | Magistrates' courts: jurisdiction and overview This note provides an overview of magistrates' courts and their jurisdiction. It also considers how magistrates are appointed, where magistrates' courts should be located and the various matters that magistrates will deal with within their criminal and civil jurisdictions. | Practice notes | Maintained |
| 22 | Reciprocal enforcement of judgments A summary of the rules and procedure and practical guidance relating to the enforcement of English judgments abroad and the enforcement of foreign judgments in England. | Practice notes | Maintained |
| 23 | Reform of the Brussels Regulation: tracker A table outlining the key stages of the reform of Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Regulation). | Practice notes | Maintained |
| 24 | Rome Convention: an outline of the key provisions This note summarises the key provisions of the Convention on the law applicable to contractual obligations (80/934/EEC) (Rome Convention), which applies to contracts made before 17 December 2009 and contains rules for determining the applicable law. | Practice notes | Maintained |
| 25 | Rome I and Rome II: a summary This note considers: The Rome I Regulation on the law applicable to contractual obligations. The Rome II Regulation on the law applicable to non-contractual obligations. It summarises the background to both Regulations, their legislative history and key objectives (including the instruments which preceded their introduction, namely the Rome Convention on the law applicable to contractual obligations and the Private International Law (Miscellaneous Provisions) Act 1995). | Practice notes | Maintained |
| 26 | Rome I: an outline of the key provisions This practice note summarises, from an English law perspective, the key provisions of Regulation 593/2008 on the law applicable to contractual obligations (Rome I). It highlights the main changes from the rules contained in the Rome Convention on the law applicable to contractual obligations of 1980 (Rome Convention). | Practice notes | Maintained |
| 27 | Rome II: an outline of the key provisions Under Rome II (Regulation 2007/864) the courts of all EU member states other than Denmark must apply the same set of rules to determine the law that will govern non-contractual obligations arising between parties in civil and commercial matters. This practice note outlines the key general provisions of Rome II, highlighting the key provisions from an English law perspective and focusing on: Drafting agreements as to choice of law. The law governing pre-contractual negotiations. The law governing product liability cases. The steps that commercial parties should consider taking in the light of the rules in Rome II. | Practice notes | Maintained |
| 28 | Security for costs against a claimant out of the jurisdiction This practice note provides specific guidance as to how the court will consider an application for security on the ground that the claimant is out of the jurisdiction (CPR rule 25.13 2 (a)).To be read alongside Practice note, Security for costs: an overview and Practice note, The procedure for applying for security for costs. | Practice notes | Maintained |
| 29 | Seeking a reference to the ECJ This note explains what the Court of Justice of the European Union (formerly known as the European Court of Justice (ECJ)) is, why a reference would be made to it and who can make a reference. The note gives examples of questions which might be referred to the ECJ and sets out a brief summary of the procedure to be followed and the effect of a ruling by the ECJ on the question referred. | Practice notes | Maintained |
| 30 | Sovereign immunity: state immunity from adjudication and ... This note sets out the English law on sovereign immunity in relation to the enforcement of judgments and awards against state assets. It also looks at the changes proposed by the UN Convention on Jurisdictional Immunities of States and their Property, and addresses certain measures that can be taken by private parties better to protect their position at the time of entering into transactions with states. | Practice notes | Maintained |
| 31 | Statutory interpretation and the doctrine of precedent An outline of the English court system, the doctrine of precedent, and the rules of statutory interpretation. | Practice notes | Maintained |
| 32 | The European Union after the Treaty of Lisbon This Practice note examines the impact of the Treaty of Lisbon on the decision-making procedures and substantive policies of the European Union. | Practice notes | Maintained |
| 33 | The procedure for applying for security for costs This practice note covers how to apply for security for costs under CPR 25.12, CPR 25.13, CPR 25.14, CPR 3.1, CPR 24 and statute. Separate practice notes cover the issues involved in applications for security (see in particular, Practice note, Security for costs: an overview). | Practice notes | Maintained |
| 34 | Where the employment contract should be enforced (Brussels ... A note on determining the country whose courts have jurisdiction to hear a dispute about a contract of employment. | Practice notes | Maintained |