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09 December 2011 / Alan Sheeley
Issue: 7493 / Categories: Features , EU , Commercial
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One small step for the UK...

Alan Sheeley forecasts the future of cross-border litigation

The European Commission published a proposal in July to create a Regulation to facilitate cross-border debt recovery in civil and commercial matters. The proposed instrument is known as a European Account Preservation Order (EAPO). It is intended to provide an alternative to existing domestic freezing orders in cross-border cases.

The Lisbon Treaty allows the UK to opt in to matters that affect UK civil law. If the UK does not opt in, then the Regulation will not affect the UK. The Ministry of Justice held a public consultation on whether the UK should opt in to the proposal, which closed in September. On 31 October the UK decided not to opt in. It will still be able to participate in the discussions to determine the final draft Regulation. If the Regulation is formally adopted then all member states apart from the UK and Denmark will be bound by it. Despite its profound concerns, the government continues to welcome the objectives of introducing the

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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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