header-logo header-logo

31 January 2008 / Pablo Cortes
Issue: 7306 / Categories: Features , EU , ADR
printer mail-detail

Effective disputes

Small value claims in cross-border disputes should soon be more cost-effective, says Pablo Cortes

The European Council’s adoption of the proposal for a regulation establishing a European Small Claims Procedure (PE-CONS 3604/07), should ensure that from January next year cross-border disputes between citizens are resolved more effectively. The proposed Regulation deals with low value claims arising in cross-border disputes within the EU, and provides for the direct enforcement of contested decisions in any of the member states without the need for going through mutual recognition of judgments.

The new regime will cover civil and commercial matters, but will exclude a number of claims such as those related to revenue, customs, administrative matters, legal capacity, wills, etc. Under the proposal claims cannot exceed €2,000 in value, excluding interest and legal costs, and its success at this level will determine whether it will be used for higher claims in the future and in other areas, outside the civil and commercial law realm.
 

Technology matters

Currently, information and communication technology (ICT) is not used extensively in

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

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll