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14 March 2014 / Charlotte Eccles , John Doherty
Issue: 7598 / Categories: Features , Commercial
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Sellers beware

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When will EU businesses be regarded as having “directed” their business activities to consumers in another member state, ask John Doherty & Charlotte Eccles

Within the EU, jurisdiction is generally based on the defendant’s domicile. As with any good rule, however, many exceptions apply.

Art 16(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I) provides that in certain contractual circumstances, a consumer may elect to sue a business in either:

  • the member state where that business is domiciled (as per the general rule);
  • or the member state of their own domicile.

According to Art 15(1), the consumer’s right to elect arises for contracts: (a) for the sale of goods on instalment credit terms; (b) for a loan or any other form of credit to finance the sale of goods; or, in all other cases; (c) concluded with a person who pursues commercial or professional activities in the member state of the consumer’s domicile

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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