Reforming the Brussels I Regulation Part 1 - Enforcement & Non-EU Defendants
- Podcast Location:
- Download it here [file size: 24.8 MB]
- Categories:
-
European Law
Civil Litigation, Procedure & Settlement
- CPD Points:
- Up to 1 point. details »
Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:
Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)
Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)
Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)
- Cost:
- a) £69+VAT for this CPDcast only
- b) £325+VAT for unlimited access to all of our podcasts. details »
- c) Discounts for multiple users - call +44 (0) 20 3377 3901 now to speak to our sales team
- Length:
- 30 minutes of audio
(+ optional 5 minute online quiz) - Plays on Computer:
- Yes Downloadable as MP3: Yes
- Contributor(s):
- Course Aims:
This CPDcast mini-series is aimed at those who are engaged in cross border litigation and arbitration. It aims to explore the reform proposals put forward to amend the Brussels I Regulations and speculates what such changes would mean for those involved in cross border disputes both within and outside the European Union.
- Outcomes:
- After completing the course you will:
- Understand the what the EU Commission is proposing with;
- Understand the possible issues that might arise with the abolition of the exequatur principle;
- Be aware of the potential benefits and drawbacks of the change depending on your status as a judgment creditor or debtor;
- Understand what safeguards are currently being discussed with regard to enforcement and what work remains to be done;
- Understand the proposals to extend Brussels I to non-EU defendants;
- Understand how courts can establish jurisdiction over defendants in the new regime;
- Understand why that is a controversial proposition;
- Know what jurisdiction the English courts may be compelled to surrender;
- Understand what the proposals mean for the doctrines of forum non conveniens.
- Level:
- Complex
- Classification:
-
Legislative Updates
Panel Discussion
- Sources and References:
-
- Brussels Regulation (44/2001/EC) ‘Brussels I Regulations’;
- Royal and Sun Alliance Insurance v Rolls-Royce [2010] EWHC 1869 (Comm);
- Owusu v Jackson (Case C-281/02);
- Samengo-Turner v Marsh McLennan [2008] ICR 18 (CA).
In this podcast mini-series, Murray Rosen QC, head of the advocacy group at Herbert Smith and Pamela Kiesselbach discuss the EU Commission’s reform proposals for the Brussels I Regulation on jurisdiction and the recognition and enforcement of judgments across the EU.
Part 1 will focus on the follow areas: Simplifying the recognition and enforcement across the EU and the possible extension of the jurisdiction rules to non-EU defendants. Part 2 will focuss on improving the efficacy of choice of jurisdiction clauses and the proposed rationalisation of the rules governing arbitration and litigation.
The second podcast in this mini-series can be accessed here: Reforming the Brussels I Regulation - Jurisdiction Agreements & Arbitration.
