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House of Commons objects to proposed Common European Sales Law
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- January 3 2012
The House of Commons has objected to the proposed Regulation to introduce a Common European Sales Law on the basis that it does not comply with the principle of subsidiarity
UK not opting in to proposed European account preservation order regulation
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- November 1 2011
The government yesterday announced that the UK would not be opting in to the proposed Regulation establishing a Europe-wide bank account freezing order
Class actions: European Parliament sceptical of need for action at EU level
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- September 9 2011
In its draft report published on 15 July 2011, the European Parliament's Committee for Legal Affairs has stated that the Commission has not put forward convincing evidence that action is needed at EU level to ensure that victims of unlawful behaviour are compensated
ECHR finds success fees breached Article 10 rights
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- February 16 2011
In a judgment released in January, the European Court of Human Rights held that the requirement for MGN to pay "success fees" due to Naomi Campbell's lawyers under a Conditional Fee Agreement was incompatible with MGN's right to freedom of expression under Article 10
Parties cannot avoid Commercial Agents Regulations by choice of non-EU law and arbitration
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- January 29 2010
In Accentuate v Asigra 2009 EWHC 2655 (QB) the English High Court held it had jurisdiction to hear a claim for compensation under the Commercial Agents (Council Directive) Regulations 1993, even though the relevant agreement was subject to a choice of Canadian law and arbitration and the Canadian arbitral tribunal had already ruled against the claim
Rome I Regulation - Commission decision on UK request
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- March 25 2009
In 2006 the UK notified the European Commission that it intended to opt out of the Rome I Regulation (5932008EC) on the law applicable to contractual obligations
ECJ prohibits use of anti-suit injunctions in support of arbitration agreements in the EU
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- March 25 2009
The European Court of Justice (ECJ) handed down a judgment on 10 February confirming the Advocate General's opinion that anti-suit injunctions should not be granted by an EU Member State court in order to restrain proceedings in another Member State on the ground that the proceedings would be in breach of an arbitration agreement
Privilege and in-house lawyers ECJ ruling on intervenors
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- March 25 2009
The European Court of Justice (ECJ) has refused permission for various bodies, including the Law Society of England & Wales, the American Bar Association and the Association of General Counsel and Company Secretaries of the FTSE 100 (the GC100), to intervene in the appeal to the ECJ in the long-running Akzo Nobel case
