header-logo header-logo

22 January 2009 / Stephen Gold
Issue: 7353 / Categories: Features , Company , EU , Commercial
printer mail-detail

Civil Way: 23 January 2009

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
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll