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Which regime applies to enforce a foreign judgment?—checklist

Which regime applies to enforce a foreign judgment?—checklist This Checklist can be used when determining which enforcement regime applies when seeking to enforce a foreign judgment in England and Wales. It sets out various countries and lists which enforcement regime applies when seeking to enforce a judgment from a court of that jurisdiction. There are various enforcement regimes and those covered in this checklist are the Hague Choice of Court Agreements Convention, the Hague Judgments Convention, Regulation (EC) 44/2001, Brussels I, Regulation (EU) 1215/2012, Brussels I (recast), the Lugano Convention 2007, the Administration of Justice Act 1920 (AJA 1920), the Foreign Judgments (Reciprocal Enforcement) Act 1933 (FJ(RE)A 1933) and the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982). Where no formal enforcement arrangement applies, the common law of England and Wales will be applied for the purposes of enforcement. Note that the application of a number of these enforcement regimes are impacted by the UK’s departure from the EU. For general guidance, see Practice Note: Brexit post implementation period—considerations for...

Vertical agreements—drafting for MVBEO—checklist

Vertical agreements—drafting for MVBEO—checklist This Checklist sets out the essential points that should be considered under The Competition Act 1998 (Motor Vehicle Agreements Block Exemption) Order 2023 (No 2) (MVBEO) when drafting new vertical agreements, or updating existing vertical agreements, in relation to motor vehicle aftermarkets for the provision of repair and maintenance services or the distribution of motor vehicle aftermarket goods (together, the motor vehicle aftermarket). This Checklist is not intended to be a comprehensive guide to the MVBEO but should be used where a commercial lawyer wants to ensure that the vertical agreement falls within the MVBEO (and any guidance issued under it). For further information, see: CMA Guidance: MVBEO. A flowchart is also provided at the end of this Checklist, setting out the main steps to follow when assessing whether an agreement falls under the MVBEO. Introduction to MVBEO Any agreement which affects trade and restricts competition in the UK may be subject to the prohibition on anti-competitive agreements under the provisions of Chapter I of the Competition...

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Liquidated damages v penalty clause—checklist

Liquidated damages v penalty clause—checklist As seen in Practice Note: Contract interpretation—distinguishing between liquidated damages and penalty clauses, the task of determining whether or not a liquidated damages clause may be held to be unenforceable as a penalty is not always an easy one. While it will be a matter of construction for the courts in each case, there are a number of factors to consider when analysing the scope of an alleged liquidated damages clause and whether or not it may be susceptible to challenge as a penalty. If drafting a liquidated damages clause, it is essential that you keep these factors in mind in drafting the clause (and its relationship with related clauses). See: • Drafting and negotiating a liquidated damages clause—checklist • Precedent: Liquidated damages clause For specific consideration of how clauses in commercial contracts which provide for ‘default interest’ have been considered in the authorities, see: • Penalty interest rates in commercial contracts • Contract interpretation—distinguishing between liquidated damages and penalty clauses—When might default interest be...

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Electronic communications: Universal Service Directive [Archived]

Electronic communications: Universal Service Directive [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note relates to Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services as amended by Directive 2009/136/EC (Universal Service Directive). It is part of a series of Practice Notes on core elements of the EU regulatory framework for electronic communications. In the EU, the provision of electronic communications networks and services in each Member State is governed by a common regulatory framework which originally comprised five directives (the Framework). The objective of the Framework was to establish a harmonised framework for the regulation of electronic communications networks and services throughout the EU. In December 2018, Directive (EU) 2018/1972 establishing the European Electronic Communications Code (Recast) (the European Electronic Communications Code) was published in the Official Journal of the EU and came into force three days after publication. The European Electronic Communications Code...

UK GDPR and EU GDPR—extra-territorial reach

UK GDPR and EU GDPR—extra-territorial reach This Practice Note provides a high-level overview of the provisions relating to extra-territorial reach and the appointment of representatives under: • the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) regime, and • the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR) regime (applicable under UK law from the end of the Brexit implementation period on 31 December 2020) Assimilated law is the name given to retained EU law (REUL) which remains in force after the end of 2023. The re-categorisation of REUL (and associated terms) to assimilated law reflects a change in its status and treatment under UK law, in that it is generally to be interpreted according to ordinary domestic law and principles. From 1 January 2024, REUL is ‘assimilated’ into domestic law by virtue of the fact it is generally stripped of EU-derived interpretive effects (eg supremacy of EU law, directly effective rights, and general principles previously retained under the European Union...

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Clauses—overseas assignment

1 Overseas assignment 1.1 You agree to be assigned to work for the Employer in [specify country or area in which the employer's operations are carried out] (the ‘Territory’) for [the period from [enter date] to [enter date] OR a period not exceeding [enter duration, eg ten weeks, three months, two years] from such date as the Employer may specify] (the ‘Assignment’). 1.2 During your Assignment, your duties will [consist of OR include acting as] [specify duties] in [enter location] and, at the end of your Assignment, the Employer will[ use its best endeavours to] find employment for you[ within its business] in a position and on terms no...

Personal data processing schedule—short form—pro-processor

Personal data processing schedule—short form—pro-processor This precedent is drafted in contemplation of arrangements where the parties wish to insert data processing provisions within a Schedule rather than as clauses in the main body of the agreement, for example due to the length of compliant provisions. It is based on Precedent: Personal data processing clause—short-form—pro-processor. This schedule uses the additional defined terms ‘Agreement’, ‘Business Day’, ‘Charges’, ‘Customer’, ‘Services’, ‘Supplier’ and ‘Supplier Personnel’, which are not specific to data processing and which it is assumed are separately defined in the relevant agreement. The Schedule Part A: Operative provisions 1 Definitions 1.1 In this Schedule: applicable law • means applicable law of the United Kingdom (or of a part of the United Kingdom); Controller • has the meaning given in applicable Data Protection Laws from time to time; Data Protection Laws • means, as binding on either party or the Services: (a) the GDPR; (b) the Data Protection Act 2018; (c) any laws which implement or supplement any such laws; and...

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Can interest be claimed in relation to maintenance arrears payable under a periodical payments order?

Can interest be claimed in relation to maintenance arrears payable under a periodical payments order? It would appear that interest is not payable on arrears due under orders for periodical payments made, or registered, in the Family Court. The County Courts (Interest on Judgment Debts) Order 1991, SI 1991/1184 (as applied to the Family Court by the Crime and Courts Act 2013 (County Court and Family Court: Consequential Provision) Order 2014, SI 2014/1773, art 2) applies only to sums of £5,000 or more due under a lump sum order. However, there seems to be no such restriction on interest accruing on such arrears of periodical payments under orders made, or registered, in the High Court. The position was described by Mostyn J as ‘legally complex’, ‘murky’ and ‘difficult territory’ in Re TW and TM (Minors) (Child Maintenance: Jurisdiction and Departure from Formula) (at paras [17]–[19]). The answer may, therefore, be to transfer the order for enforcement purposes to the High Court subject to the requirements of Family Procedure Rules 2010...

Can an alternative supplier be used when a supplier is unable to supply all goods under an exclusive supply agreement?

Can an alternative supplier be used when a supplier is unable to supply all goods under an exclusive supply agreement? Supply agreements A supply agreement regulates the rights and obligations between the parties to buy and sell goods and materials over a specified period of time and usually provides certainty regarding a regular receipt of those goods. Supply agreements can be expressed to take a number of forms: • non-exclusive: the business appointing the supplier has the right to appoint any other supplier • exclusive: the business cannot appoint any other supplier, possibly within a certain territory • sole: one supplier is appointed and no third party can be appointed. The difference between this expression and ‘exclusive’ is that the business appointing the supplier may also be entitled to produce the products and supply them to itself • preferred: the supplier is an approved one but does not necessarily have complete preference over anyone else For more information generally, see: Sale and supply of goods—overview. Exclusive...

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Attorney General to issue new guidance on legal risk in government

The Attorney General, Lord Hermer KC, will soon issue amended guidance to government lawyers for assessing legal risk. The aim, he said, will be 'to raise the standards for calibrating legality that the thousands of brilliant lawyers working in every part of government activity apply to deliver for the people of this country – I want them to feel empowered to give their full and frank advice to me and others in government and to stand up for the rule of law'.

Public Law weekly highlights—10 October 2024

This week's edition of Public Law weekly highlights includes coverage of the launch of the NPPS survey. It also includes the decision in R(RR) v London Borough of Enfield, in which the court dismissed the disability challenge to Enfield's housing allocation scheme. This weekly highlights also includes further updates on Brexit highlights, Brexit SIs, and Post-Brexit transition guidance, Public procurement, Judicial review, Constitutional and administrative law, Subsidy control and State aid and other public law updates.