Jurisdiction and Cross-border

A note on determining the country whose courts have jurisdiction to hear a dispute about a contract of employment.

This Practice note examines the impact of the Treaty of Lisbon on the decision-making procedures and substantive policies of the European Union.

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.

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.

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.

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).

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.

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.

A tracker outlining anticipated key developments in litigation and alternative dispute resolution (ADR).

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.

A practice note covering the reasons for including governing law and jurisdiction clauses with drafting guidance.

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.

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.

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.

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.

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).