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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

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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