Recast Regulation definition

View the related checklists about Recast Regulation

Ireland—Determining jurisdiction in civil litigation—checklist

Ireland—Determining jurisdiction in civil litigation—checklist This Checklist offers guidance on how to determine whether an Irish court has jurisdiction to deal with the specific civil dispute. In doing so, it considers provisions under Brussels I (recast), the Lugano Convention and the Hague Convention on Choice of Court Agreements. This Checklist provides an overview of jurisdiction in terms of considering whether the dispute should be dealt with in Ireland. For guidance on: • which specific court an action should be raised in, see Practice Note: Ireland—Starting a civil action • other issues to consider before bringing a civil claim in an Irish court and how to start and progress a civil claim in Ireland, see Practice Notes: Ireland—Starting a civil action and Ireland—Pre-action conduct, and in initiating and case managing a civil claim, Ireland—Progressing and managing a High Court civil claim respectively • other aspects of Irish civil litigation, see: Ireland—Alternative dispute resolution and settlement—overview which links through to detailed guidance on specific aspects of dispute resolution in Ireland This Checklist...

View the related practice notes about Recast Regulation

Recast Regulation—main, secondary and territorial proceedings [Archived]

From IP completion day onwards, this document is archived and no longer maintained.Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. References to exit day in many Brexit SIs are to be read as reference to IP completion day (Implementation Period completion day, defined in clause 39 as 31 December 2020 at 11.00 pm) (unless that provision is expressly disapplied by the SI in question). For further details, see News Analysis: Brexit—impact of the Withdrawal Agreement and European Union (Withdrawal Agreement) Act 2020 for R&I lawyers and Brexit Bulletin—key updates, research tips and resources. For further details on the impact on the Recast Regulation on insolvency, see Practice Note: Brexit—impact on Recast Regulation on Insolvency.For details of the impact on credit institutions, see Practice Note: Brexit—impact on insolvent credit institutions. For details of the impact on insurers, see...

Recast Regulation—which law applies [Archived]

From IP completion day onwards, this document is archived and is no longer maintained.Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. References to exit day in many Brexit SIs are to be read as reference to IP completion day (Implementation Period completion day, defined in clause 39 as 31 December 2020 at 11.00 pm) (unless that provision is expressly disapplied by the SI in question). For further details, see News Analysis: Brexit—impact of the Withdrawal Agreement and European Union (Withdrawal Agreement) Act 2020 for R&I lawyers and Brexit Bulletin—key updates, research tips and resources. For further details, see Practice Note: Brexit—impact on Recast Regulation on Insolvency.For Rome I, Rome II and the Rome Convention, The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019, SI 2019/834 have an impact. For further details,...

View the related precedents about Recast Regulation

Special administration—witness statement in support of application for special administration

Special administration—witness statement in support of application for special administration Applicant [NAME OF WITNESS] First Witness Statement Date: [] Exhibit [XX1] Court Reference No: [INSERT COURT REF. NUMBER] [ IN THE HIGH COURT OF JUSTICE] BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES] [IN [INSERT LOCATION]] [COMPANY & INSOLVENCY LIST (ChD)] OR [IN THE COUNTY COURT AT [INSERT LOCATION]] [BUSINESS AND PROPERTY COURTS LIST] OR [IN THE HIGH COURT OF JUSTICE] [CHANCERY DIVISION] OR IN THE MATTER OF [INVESTMENT BANK NAME] AND IN THE MATTER OF THE INVESTMENT BANK SPECIAL ADMINISTRATION REGULATIONS 2011 AND IN THE MATTER OF THE INSOLVENCY ACT 1986 _________________________________________ WITNESS STATEMENT OF [WITNESS NAME] ___________________________________________ I, [witness name], director [and chairperson] of [investment bank name] of [investment bank address] WILL SAY AS FOLLOWS: 1 I am [a director and] [the chairperson] of [investment bank address] with company number [company number] (the Company). The Company is a wholly-owned subsidiary of [insert details], a company incorporated in [location]. It is in...

Security review report

Security review report Prepared in relation to [name of borrower] (a limited company registered in England and Wales with company number [company number]) Prepared for [name of lender] By [name of law firm] Date: [date] 1 Scope We have prepared this report on the validity and enforceability of the security held by [name of lender] (the lender) in respect of the obligations of [name of Borrower] (the borrower). We have considered the enforcement options available to you should you wish to take enforcement action. This report is based on the documentation provided by you and the searches set out at Appendix 3. [We have not undertaken a detailed review of the terms of any relevant loan facilities for the purposes of this report. Should you require a review of the loan facilities to assess potential defaults and breaches please contact us]. If there is a delay between the date of this report and the time at which enforcement action is taken, we advise that we should be...

View the related News about Recast Regulation

Jurisdiction challenge—cross-border fatal claim arising from clinical negligence (Flowers and others v Centro Medico Salus Baleares SL and another)

Dispute Resolution analysis: The court provides an insightful judgment on the application of Regulation (EU) 1215/2012, Brussels I (recast) in matters relating to a claimant’s domicile (where they reside in one country but maintain a house in another) and whether the court has jurisdiction under the insurance and consumer sections of the regulation. On considering the meaning of consumer contracts section, the judge was not persuaded that the claim being brought fell within the meaning. However, in relation to the insurance issues, it was held that the claimants had a good arguable case that they have a direct claim against the second defendant (insurer) under Spanish law pursuant to Article 13(2), notwithstanding the geographical limitation clause that purported to restrict cover. The issue of whether the first defendant (a hospital) could be joined in the English action under Article 13(3) was stayed pending determination of a reference to the Court of Justice. Written by Katherine Allen, partner at Hugh James.

Brussels I (recast)—limits on the English court’s kompetenz-kompetenz where a foreign court’s date of seisin is in issue (Jamieson v Wurttemburgische Versicherung)

Dispute Resolution analysis: Article 29(1) of Regulation (EU) 1215/2012, Brussels I (recast) provides that ‘any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.’ In a novel interpretation of Article 29(2), the court ruled that it imposed an exclusive statutory mechanism for resolving this question, viz, to ask the court in question. The English court was, therefore, unable to determine whether it was the ‘court first seised’ under Article 29(1), and thus whether it was appropriate to allow the claimant’s application to lift a previously agreed stay. The application was accordingly refused, pending the German court’s answer to a request for it to state the date of seisin. Written by Claudia Wilmot-Smith, barrister at Quadrant Chambers.