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12 March 2009
Categories: Legislation , EU
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Legislation round-up

This update is provided by Current Awareness and News

12 Dec 2008; 1 Jan 2009; and 6 April 2009

High Court and County Courts Jurisdiction (Amendment) Order 2008 (SI 2008/2934)

Amends the High Court and County Courts Jurisdiction Order 1991 (SI 1991/724) to give the county court jurisdiction in relation to Council Reg 1896/2006/EC of 12 December 2006 creating a European order for payment procedure.

Also gives the county court jurisdiction in relation to Council Reg 61/2007/EC of 11 July 2007 establishing a European small claims procedure so that applications under Art 4 of the ESCP Regulation must be commenced in a county court.

If the claim is worth £15,000 or less it will have to be commenced in a county court but if worth more than £15,000 it can be commenced in either the High Court or a county court. This requirement is necessary in order to allow litigants to be able to apply for the issue of a European order for payment on precisely the same jurisdictional basis that they can currently issue claims for

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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