Foreign main proceedings meaning

Nefelia Shipping SA v Mosaic Fertilizantes Do Brazil [2025] EWHC 2941 (Comm). What was the background? The claimants commenced proceedings against Brazilian cargo interests and their underwriters, seeking general average contributions under bonds and guarantees executed in March 2018. The dispute stemmed from the M/V 'KONA TRADER' running aground at Paranagua after a main engine breakdown in March 2018; the general average adjusters assessed the defendants’ share at US$892,381.46 plus interest. Both defendants had expressly chosen English law and the exclusive jurisdiction of the High Court of Justice in London. The claim form was issued on 11 September 2023, and the claimants sought a 15‑month period for service, anticipating difficulties in serving the Brazilian parties. That initial extension was granted on 22 September 2023, carrying validity through to 15 November 2024. Nonetheless, compliant papers reached the FPS only on 4 October 2024, so a further without‑notice extension to 15 November 2025 was pursued and granted on 14 November 2024, with liberty to the defendants to apply to set aside....

In this issue: Banking and finance Commercial Competition and state aid Corporate Data protection and cybersecurity Environment Financial services IP Life sciences Regulatory TMT Daily and weekly news alerts New and updated content Trackers Banking and finance EU banking package: EBA consults on Pillar 3 disclosures and supervisory reporting requirements for operational risk The European Banking Authority (EBA) has opened consultation on two draft implementing technical standards (ITS) that would revise Pillar 3 disclosure obligations and supervisory reporting for operational risk. Feedback is invited by 30 April 2024. See: LNB News 20/02/2024 42. EU banking package: EBA consults on business indicator-related mandates in CRR3 The EBA is also seeking views on two sets of draft regulatory technical standards (RTS) covering the components of the business indicator (BI), together with a draft ITS aligning BI components to the corresponding supervisory reporting references under the Capital Requirements Regulation (CRR)....

In this issue: Practice and procedure Public children Private children Financial provision International children Daily and weekly news alerts New Q&As Useful information Practice and procedure New FPR 2010, PD 27A on bundles—what are the main changes? The sixth Practice Direction Update 2025 unveiled a replacement Practice Direction to the Family Procedure Rules 2010 dealing with court bundles, namely FPR 2010, PD 27A (Family proceedings: court bundles). It takes effect on 2 March 2026 and supersedes the earlier PD 27A in full. Strict adherence to FPR 2010, PD 27A is required to secure uniformity across England and Wales, both in the Family Court and the Family Division of the High Court, when preparing and lodging bundles. From 2 March 2026, compliance is compulsory for every hearing, with no transitional arrangements. The text has been structurally overhauled and has grown to more than twice its former length. Before 2 March 2026, PD 27A existed as a...

This Practice Note examines when arbitration proceedings are treated as having commenced, with particular reference to the Arbitration Act 1996 (AA 1996) as it applies in England, Wales and Northern Ireland. It also outlines how commencement dates are identified under several of the main arbitration rules for both ad hoc and institutional arbitrations. Importance of the start or commencement date in arbitration proceedings Parties need certainty on the commencement date because: it acts as the starting point for calculating subsequent time limits, e.g. for serving written submissions or where an award must be made within a specified period it determines whether any contractual or statutory time bar or limitation period has been met For guidance on limitation periods in arbitration, see Practice Notes: Limitation periods in arbitration (England and Wales) and Foreign Limitation Periods Act 1984, and for information on limitation under English law generally, see: Limitation—overview...

E&W Brussels I (recast)—enforcement of judgments This Practice Note sets out guidance for enforcing a judgment in the courts of England and Wales by relying on the enforcement provisions in Regulation (EU) 1215/2012, Brussels I (recast). Enforcement remains available after IP completion day (31 December 2020 at 11 pm), provided the transitional conditions in Article 67(2) of the Withdrawal Agreement are met. For help on those transitional arrangements, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners [Archived], and in particular the main section: Recognition and enforcement of judgments. Where the transitional regime applies, the rules and practice direction in force immediately before implementation day (ie 31 December 2020 at 11 pm) continue to govern procedure. In this Practice Note, these are described as old Part 74 (with particular rules cited as an ‘old rule’) and old Practice Direction 74A. For further guidance, see Practice Note: Brexit post implementation period—CPR changes [Archived]. Copies of the old rule and the practice direction can be found here: For guidance...

Legal regimes The EU Recast Regulation on Insolvency applies within the EU Member States, whereas the UNCITRAL Model Law on Cross-Border Insolvency (the UNCITRAL Model Law) has potential global reach where a state chooses to adopt it. In the UK, the Cross-Border Insolvency Regulations 2006 (CBIR 2006), SI 2006/1030, give effect to the UNCITRAL Model Law (see Practice Note: When does UNCITRAL (implemented by the Cross-Border Insolvency Regulations) apply and what are the effects?). Foreign main proceedings broadly mirror main proceedings under the EU Recast Regulation on Insolvency, while foreign non‑main proceedings correspond to secondary proceedings under that regime. Following Brexit (from 11 pm on 31 December 2020), the Insolvency (Amendment) (EU Exit) Regulations 2019, SI 2019/146, took effect and modified Regulation (EU) 2015/848 (OJ L141/19) — the Recast Regulation on Insolvency [EU Recast Regulation on Insolvency] — alongside a range of other enactments, including the CBIR 2006 (see News Analysis: Brexit impact on Cross-Border Insolvency Regulations 2006 (CBIR 2006) and Practice Note: Brexit—impact on Recast Regulation on Insolvency...