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Civil Way: 23 January 2009

22 January 2009 / Stephen Gold
Issue: 7353 / Categories: Features , Company , EU , Commercial
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Litigious back-scratching in Europe
The lack of success fee
Fast track limit up

 

C’est Magnifique
Two new creatures for cross-border claims out of the European womb—the EOP (European Order for Payment) and the ESCP (the European Small Claims Procedure). The e EOP procedure is incorporated in Regulation 1896/2006/ EC of 12 July 2006 and the ESCP in Regulation 861/2007/EC of 11 July 2007. Both procedures have been brought into force in the UK. The Civil Procedure (Amendment) Rules 2008 (SI 2008/ 2178) introduced provisions operating alongside the regulations (see CPR and PD 78 and prescribed forms with 47th update). The e EOP procedure kicked off on 12 December 2008 and the ESCP on 1 January 2009. They are both without prejudice to existing cross-border procedures and apply throughout the EC subject to the customary opting out by Denmark thereby avoiding double Dutch pleading. Accommodating jurisdictional changes have been made by the High Court and County Court Jurisdiction (Amendment) Order 2008 (SI 2008/2934)
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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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