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Civil Way: 23 January 2009

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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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NEWS
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NLJ this week: Law Society calls for clarity on AML
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
NLJ this week: Turning corporate liability into opportunity
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
NLJ this week: A prince no more?
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
NLJ this week: Shareholder secrecy sunk
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
NLJ this week: The expanding remit of national security law
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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