Twenty Essex
7 Experts
21 Contributions by Twenty Essex Experts
PRACTICE NOTES
State immunity from civil proceedings in the courts of the UK
This Practice Note considers state immunity in civil claims before UK courts, with a focus on matters linked to arbitration. The default position (subject to exceptions) is that states are not amenable to the jurisdiction of the UK courts. As a result, questions of state immunity may surface where a party issues a court application against a state to:
challenge or appeal an arbitral award
enforce an award, or
seek an injunction in support of an arbitration
The principal statutory regime is the State Immunity Act 1978 (SIA 1978). This Practice Note summarises the SIA 1978 and sets out how it has been applied to court proceedings connected with arbitration. Although the SIA 1978 applies across the UK (including Northern Ireland), the authorities cited in this Practice Note are drawn from the
Arbitration
PRACTICE NOTES
Limitation periods in arbitration (England & Wales)
When considering whether to begin arbitration, it is vital to check limitation carefully so that any claim or cause of action is not already time‑barred. As with issuing proceedings in the domestic courts, commencing an arbitration governed by the law of England and Wales is constrained by a range of statutory rules. It is equally necessary to take into account any contractual arrangements between the parties that address limitation. For the clock to stop, the arbitration must be “commenced”. The point of commencement is fixed by the applicable legislation and/or the arbitration rules under which the reference proceeds. If commencement is not effected correctly, a claim can become time‑barred, whether by statutory limitation or a contractual time bar. The steps required to commence arbitration are usually less burdensome than those for starting court
Arbitration
PRACTICE NOTES
ARCHIVED :
This Practice Note addresses the position that arises where the UK and the EU fail to reach arrangements for the cross-border enforcement of judgments after the UK’s departure from the EU. During the implementation period that commences on exit day—that is, the day the UK leaves the EU—the provisions of the withdrawal agreement will apply throughout that period for enforcement. For guidance on the implementation period and the effect of the withdrawal agreement on enforcement, see Practice Note: Brexit implementation period—enforcement [Archived].
This archived note examines, in particular, the implications of a no-deal exit for the enforcement of judgments arising from civil and commercial claims under the following instruments, namely:
Brussels Convention,
Regulation (EC) 44/2001 (Brussels I),
Regulation (EU) 1215/2012 (Brussels I (recast)),
Lugano Convention 2007 and
EC-Denmark Agreement.
It further considers the application of changes
Dispute Resolution
PRACTICE NOTES
This Practice Note assists in identifying the governing law where a contract was concluded on or after 17 December 2009 and before 1 January 2021. For agreements made on other dates, the UK courts will apply an alternative governing-law regime, selected by reference to the date the contract was entered into. The applicable scheme is determined by the date on which the contract was concluded. For direction on the various regimes and how they interrelate, see Practice Note: Applicable law regimes.
This Note examines the operation and construction of Regulation (EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations, known as Rome I. Within this Note it is cited as Regulation (EC) 593/2008, Rome I, or simply Rome I. It sets out when and for what reasons Rome I came into force and
Dispute Resolution
PRACTICE NOTES
Practice Note
This Practice Note assists with identifying the governing law where a contract was concluded between 17 December 2009 and before 1 January 2021. For contracts made on other dates, the UK courts will apply a different applicable law regime. The regime that applies turns on the date the contract was entered into. For direction, see Practice Note: Applicable law regimes. This Practice Note reviews the general provisions in Regulation (EC) 593/2008 on the law applicable to contractual obligations (Rome I). It addresses:
Overriding mandatory provisions (Article 9)
Consent and material validity (Article 10)
Formal validity (Article 11)
Scope of the law applicable (Article 12)
Incapacity (Article 13)
Voluntary assignment/contractual subrogations (Article 14)
Legal subrogation (Article 15)
Multiple liabilities (Article 16)
Set-off (Article 17)
Burden of proof (Article 18)
Habitual
Dispute Resolution
PRACTICE NOTES
Practice Note
Produced in collaboration with Angharad Parry of Twenty Essex, this Practice Note is intended for use when identifying the governing law for contracts concluded between 17 December 2009 and 31 December 2020. For agreements made on other dates, the UK courts will apply an alternative applicable law regime. Which regime applies turns on the date the contract was concluded. For an overview of the regimes and how they interact, see Practice Note: Applicable law regimes. The Note sets out how Regulation (EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) operates in practice. Within this Practice Note it is cited as Regulation (EC) 593/2008, Rome I, or simply Rome I. It addresses the universal application rule (Article 2) and the scope of the applicable law (Article 12). Both the
Dispute Resolution
PRACTICE NOTES
This Practice Note
This Practice Note is intended for assessing the governing law of contracts concluded from 17 December 2009 to 31 December 2020. Where agreements were made outside those dates, the UK courts will apply an alternative applicable law regime, and which regime is engaged depends upon the date on which the contract was entered into. The operative framework therefore turns on the timing of formation. For guidance on the different regimes and their interrelationship, see Practice Note: Applicable law regimes. This Practice Note addresses the application of Regulation (EC) 593/2008 on the law applicable to contractual obligations—commonly called Rome I—in situations where the parties have not selected the applicable law. It examines the governing law for particular categories of contract, including the sale of goods, the supply of services, and distribution agreements. It also covers scenarios that do not fit within those
Dispute Resolution
PRACTICE NOTES
This Practice Note
This Practice Note is intended for use when identifying the applicable law where the contract was concluded on or after 17 December 2009 and before 1 January 2021. For agreements made on other dates, the UK courts will apply a different applicable law regime. The regime engaged will turn on the date on which the contract was made. For guidance on the distinct regimes and how they interrelate, see Practice Note: Applicable law regimes. This Practice Note examines the rules in Article 5 of Regulation (EC) 593/2008, Rome I, which sets out how the governing law is determined for contracts of carriage. Although the article deals with both the carriage of goods and the carriage of passengers, this Practice Note addresses only the carriage of goods. The rules in Article 5 of Regulation (EC) 593/2008, Rome I operate solely to the extent that
Dispute Resolution
PRACTICE NOTES
This Practice Note
Use this Practice Note when identifying the governing law where a contract was concluded between 17 December 2009 and 31 December 2020. For agreements made on other dates, the UK courts will apply a different governing law regime. Which regime is engaged depends on the date on which the agreement was made. The temporal scope is critical to the analysis. It is intended for use in relation to that period. For guidance on the various regimes and their interrelationship, see Practice Note: Applicable law regimes.
This Practice Note reviews the rules in Regulation (EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), addressing parties’ autonomy to choose the governing law for their contract. Even where a law is chosen, the parties remain subject to particular
Dispute Resolution
PRACTICE NOTES
Practice Note
Use this Practice Note to identify the governing law before the courts of England and Wales for harmful events that took place between 11 January 2009 and 31 December 2020. Where incidents happened outside those dates, the UK courts will apply an alternative choice-of-law regime, and the regime engaged turns solely on the date of the occurrence. If the date falls outside that span, a different regime applies, selected by reference to timing of the event. For direction on those regimes and how they interrelate, see Practice Note: Applicable law regimes. It summarises the special rules governing particular heads of claim under Regulation (EC) 864/2007 on the law applicable to non-contractual obligations (Rome II). The topics include product liability, unfair competition and restraints on free competition, environmental harm, intellectual property (IP) rights, industrial action, unjust enrichment, negotiorum gestio—i.e. agency without
Dispute Resolution
PRACTICE NOTES
This Practice Note
This Practice Note assists with identifying the applicable law before the courts of England and Wales for loss-causing events that took place between 11 January 2009 and 31 December 2020, in respect of matters giving rise to damage. Where events fell outside those dates, the UK courts will apply an alternative applicable law regime appropriate to the relevant timeframe. The governing regime turns entirely on the date the event happened in question. For help on the various regimes and how they interrelate, see Practice Note: Applicable law regimes. It also explains when and why Regulation (EC) 864/2007 on the law applicable to non-contractual obligations, Rome II, was introduced. Further, it outlines the situations in which it applies and those in which it does not, as appropriate. In this Practice Note, the Regulation is referred to as Rome II. For guidance on other
Dispute Resolution
PRACTICE NOTES
Rome II (transitional)
Use this Practice Note to identify the applicable law before the courts of England and Wales for harmful events that took place between 11 January 2009 and 31 December 2020. It applies to events giving rise to damage within that period. Where matters occurred outside those dates, the UK courts will apply a different applicable law regime. For other dates, an alternative conflicts framework will instead be used there. The governing regime turns on the date of the precipitating event. For guidance on the various regimes and how they relate, see Practice Note: Applicable law regimes. This Practice Note addresses Regulation (EC) 864/2007 on the law governing non-contractual obligations, Rome II (transitional). In identifying the applicable law, Article 4(1) sets the default rule. However, a different system will apply if a derogation under Articles 4(2) or 4(3) is
Dispute Resolution
PRACTICE NOTES
This Practice Note
Use this Practice Note when identifying the governing law for contracts concluded on or after 1 January 2021. UK courts apply a different applicable law regime to agreements formed before 1 January 2021. The operative regime turns on the date the contract was made. For guidance on the regimes and how they interact, see Practice Note: Applicable law regimes. This Practice Note cites UK Rome I, Regulation (EC) 593/2008. Previously called Retained Rome I, from 1 January 2024 it is styled Assimilated Rome I—the alteration is in title only; the regulation’s provisions are unchanged. Authorities may use either label, and for convenience this Practice Note uses UK Rome I. For information on assimilated law, see Practice Note: Assimilated law. This Practice Note explains when and why UK Rome I, Regulation (EC) 593/2008 was introduced. It addresses the
Dispute Resolution
PRACTICE NOTES
This Practice Note is for use when determining applicable law where the contract was entered into on or after 1 January 2021.
Where a contract predates 1 January 2021, the UK courts will apply an alternative governing law regime. The regime engaged turns solely on the contract’s date of conclusion. Accordingly, the applicable framework is date‑sensitive. For an overview of the distinct regimes and how they interact and interrelate, see Practice Note: Applicable law regimes. This Practice Note cites UK Rome I, Regulation (EC) 593/2008. It is a key point of reference when addressing law applicable to such contracts. That instrument governs the choice of law for contracts concluded on or after 1 January 2021. Formerly styled Retained Rome I, from 1 January 2024 it has been termed Assimilated Rome I—the rebranding affects the title alone, not the substance of its
Dispute Resolution
PRACTICE NOTES
This Practice Note
This Practice Note is to be used when identifying the governing law where a contract was concluded on or after 1 January 2021. For agreements made before 1 January 2021, the UK courts will apply a different governing law framework. Which framework applies turns on the date the contract was formed in each case. For help on the distinct frameworks and how they relate, see Practice Note: Applicable law regimes. This Practice Note cites UK Rome I, Regulation (EC) 593/2008. That regulation is used to determine the governing law in matters where the relevant contract was concluded on or after 1 January 2021. Formerly termed Retained Rome I, from 1 January 2024 it has been styled Assimilated Rome I—the alteration is in name alone and not in the substance of the regulation. Authorities may describe the regulation using either label and
Dispute Resolution
PRACTICE NOTES
This Practice Note is intended for use when identifying the governing law to be applied where a contract was concluded on or after 1 January 2021. For agreements made before 1 January 2021, the UK courts will apply a different governing law regime. The regime engaged will depend on the date on which the contract was concluded. For assistance on the various regimes and how they interact, see Practice Note: Applicable law regimes. This Practice Note refers to UK Rome I, Regulation (EC) 593/2008. That regulation is applied when deciding the applicable law in cases in which the contract was concluded on or after 1 January 2021. Formerly described as Retained Rome I, since 1 January 2024 it has been styled Assimilated Rome I—the alteration is to the title alone and not to the provisions within the regulation. Authorities may refer to the
Dispute Resolution
PRACTICE NOTES
Practice Note
This Practice Note is intended to guide the identification of the applicable law before the courts of England and Wales in relation to events that cause damage, where those events took place on or after 1 January 2021.
Where a dispute raises a conflict of laws between different parts of the UK, or between the UK and Gibraltar, UK Rome II applies if the harmful event occurred on or after 11 January 2009.
For occurrences falling outside these dates, the UK courts will apply a different applicable law regime, determined by the date of the event.
For an overview of the various regimes and how they interrelate, see Practice Note: Applicable law regimes.
This Practice Note refers to UK Rome II, Regulation (EC) 864/2007. UK Rome II reproduces the full text and recitals of Regulation (EC) 864/2007 (as applied by EU
Dispute Resolution
PRACTICE NOTES
Practice Note
This Practice Note assists with identifying the applicable law in the courts of England and Wales for events causing damage that occurred on or after 1 January 2021, and is intended for matters arising in respect of such incidents. Please note that, where a conflict of laws arises between different jurisdictions within the UK, or between the UK and Gibraltar, Assimilated Rome II (UK Rome II) is used if the harmful event took place on or after 11 January 2009. For events falling outside these periods, the UK courts will apply an alternative applicable law regime, determined by the date when the event happened. For an overview of the various regimes and how they relate to one another, see Practice Note: Applicable law regimes.
This Practice Note reviews the provisions of UK Rome II, Regulation (EC) 864/2007 concerning the law governing
Dispute Resolution
PRACTICE NOTES
This Practice Note
This Practice Note is intended for use when identifying the applicable law in proceedings before the courts of England and Wales concerning events that resulted in damage, where those events took place on or after 1 January 2021. Where a dispute involves a conflict of laws between parts of the UK, or between the UK and Gibraltar, UK Rome II applies where the harmful event occurred on or after 11 January 2009. For events falling outside these dates, the UK courts will apply a different applicable law regime, determined by the date of the event. For guidance on those regimes and how they relate to one another, see Practice Note: Applicable law regimes.
This Practice Note summarises the special rules that govern particular categories of claim under UK Rome II, Regulation (EC) 864/2007 on the law applicable to
Dispute Resolution
CHECKLISTS
ARCHIVED : This Checklist has been archived and is not maintained.
This Checklist assesses the stance EU courts are anticipated to take in relation to the application of Regulation (EU) 1215/2012, Brussels I (recast), should the UK leave the EU on exit day without an agreement, the so‑called ‘no deal Brexit’ scenario. In particular, it considers and reviews the Regulation’s articles that address jurisdiction, together with the effects of a no deal Brexit on their practical application in proceedings featuring a UK element (whether involving a defendant domiciled in the UK, a jurisdiction agreement in favour of a UK court, or parallel or related proceedings brought before the UK courts). The position differs depending on whether proceedings were commenced prior to exit day (with the jurisdictional dispute to be determined after that date) or whether the proceedings were instituted after exit day...
Dispute Resolution
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