Jurisdiction

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Masood Ahmed & Osman Mohammed consider whether states must give express consent to waive their immunity

Do states need to give express consent to waive their immunity where an arbitral award is made against it? Yes, according to a recent case discussed in this week’s NLJ by Masood Ahmed, associate professor, University of Leicester, and Osman Mohammed, BA political science and international relations, University of Birmingham

Much favoured in finance contracts, asymmetric clauses have been confirmed as valid under EU law: Richard Marshall & Harriet Campbell consider the impact for contracting parties

If widely ratified, Hague 2019 will enhance global access to justice, writes Natalie Todd

There are only three months left before Hague 2019 takes effect on 1 July. In this week’s NLJ, Natalie Todd, partner at Cooke, Young & Keidan, looks ahead to the arrival of this important Convention which facilitates the effective international enforcement of foreign judgments in civil and commercial matters.

While rare, the courts can make passport orders to prevent judgment debtors leaving the country. In this week’s NLJ, Chris Bryden and Clara Parry discuss the use of this legal technique and how these orders are enforced.

Chris Bryden & Clara Parry discuss the rare use of passport orders to prevent someone leaving the country—and how these orders are enforced

Foreign judgments can serve as the basis for bankruptcy or winding-up petitions even if not formally recognised in the courts of England and Wales, two recent judgments confirm. However, the process is not automatic, as Lauren Pardoe, partner, and Camilla Pratt, senior associate, in Rosling King’s dispute resolution group, write in this week’s NLJ.

The courts have provided welcome clarity on enforcing foreign judgments in English insolvency proceedings: Lauren Pardoe & Camilla Pratt outline the opportunities & challenges

Chris Deacon examines the limitations of the Hague Judgments Convention for the victims of accidents abroad in the EU

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MOVERS & SHAKERS

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Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS

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NLJ this week: The insider returns

Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome

NLJ this week: Drawing the line on contempt

After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights

NLJ this week: Stop and search by the numbers

The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains

NLJ this week: Looking back on the prorogation that never was

Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously

NLJ this week: How not to plead a schedule of loss

A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever

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Jurisdiction

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Morgan Lewis—Kat Gibson

Foot Anstey McKees—Chris Milligan & Michael Kelly