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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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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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