Podcast Location:
Download it here [file size: 24.8 MB]
Categories:
European Law
ADR & Mediation
Remedies & Enforcement
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:
  • FREE
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 Difficulty: 4 of 5
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).
Tags:

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.

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