Litigation Notes

Impact of Brexit on applicable law in cross-border insolvencies

From 31 December 2020, the European Regulation on Insolvency Proceedings (the “EIR”) ceased to apply in the UK. As a result: The EIR provides the rules …

Disputes after the end of the Brexit transition period: where are we now?

Video published - Brexit: jurisdiction and enforcement of judgments during and after the transition period

Anna Pertoldi has published a video for Practical Law in which she considers jurisdiction and enforcement of judgments during and after the Brexit …

New Brexit podcast - The implications of Brexit for choice of law, jurisdiction and the enforcement of judgments

In the latest episode of our Brexit podcast series, Anna Pertoldi and Maura McIntosh look at the implications of Brexit for choice of law, jurisdiction …

Proceedings time barred where claim form issued but not served during applicable foreign limitation period

Brexit under the Withdrawal Agreement: The implications for disputes

It now seems inevitable that the UK will leave the EU on 31 January 2020 at 11pm GMT under the terms of the Withdrawal Agreement concluded between the UK …

Rule against reflective loss neither a procedural rule nor an overriding mandatory provision of English law, so does not apply to foreign law claims in English court

The High Court has held that the rule against reflective loss is not a rule of procedure, so as to fall outside the Rome II Regulation, and nor is it an …

A no-deal Brexit: The implications for disputes

Upcoming webinar - Cross Border Litigation Update

On Wednesday 27 February 2019 (1.00 - 2.00pm GMT), Anna Pertoldi and Gary Milner-Moore will deliver the latest in our series of …

Article published - No-deal Brexit and disputes: what do parties need to know?

If the UK leaves the EU without a deal on 29 March, what impact will that have on court proceedings? Different questions arise depending on the stage …

Brexit, deal or no deal: a litigator's perspective

Over the past couple of weeks, the government has published the final text of the draft Withdrawal Agreement setting out the arrangements for …

Court will ordinarily apply English law in absence of evidence of relevant foreign law, unless defendant shows it would be inappropriate to do so

The High Court has held that where a claim was, in principle, governed by foreign law, but the claimant had not pleaded or proved the content of that …