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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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