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Foreign judgments & cross-border disputes

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The world of foreign judgments is moving quickly. Richard Marshall, Harriet Vidot & Kate Bridgland report on recent & upcoming changes to the enforcement regime
  • Since Brexit, most English and EU judgments are restricted to enforcement under the Hague Convention on Choice of Court Agreements 2005 and the common law rules.
  • The UK government has recently signed the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. If ratified, it is hoped the convention will give businesses and individuals a simple route to enforcing foreign judgments in England.

It has long been the case that businesses have chosen English law and jurisdiction for the resolution of cross-border disputes. The landscape for enforcing foreign judgments in England has changed dramatically over the past five years, with another key change to the enforcement regime anticipated soon.

Looking back: pre-Brexit

Before Brexit, the UK’s membership of the EU meant the recognition and enforcement of EU judgments in

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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