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27 April 2007 / Richard Frimston
Issue: 7270 / Categories: Features , Public , Constitutional law
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Brussels 4 U

Is private international law due to meet
its Waterloo? asks Richard Frimston

From 14 November 2007 Eurostar trains from Brussels Midi will no longer arrive at Waterloo, but terminate instead at St Pancras International. With similar ineluctability, the EU white paper—Succession and Wills (Brussels IV) will arrive in 2008 and probably be in force by 2011. Parliament and the Civil Service in England are still attempting to argue that it should never have set off in the first place.

The European Commission has always encouraged the free movement of goods, services and people, and thus mobility of European citizens. In 1999, European ministers agreed that mutual recognition of judicial decisions was one of their three priorities for action and it is now the cornerstone of judicial co-operation in both civil and criminal matters.

Franco Frattini, vice president of the Commission and responsible for justice, freedom and security, said in a press release in February 2005:

“In a Europe without internal frontiers where individuals are free to travel and settle where they wish, buy

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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