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Professor Paul Beaumont (University of Stirling), Dr Mihail Danov (University of Exeter) and Dr Jayne Holliday (University of Stirling) are delighted to be able to host the following AHRC funded Research Network workshop.

How to join the online workshop:

• The event will be held using Microsoft Teams.
• The link for the event is – http://stir.ac.uk/44h
• Or click here on Friday 6th November to join the online workshop.

Any queries please contact Dr Jayne Holliday at j.holliday@stir.ac.uk

The Development of Private International Law in the UK post Brexit

AHRC Research Network Workshop II – Family Law – Programme

Friday 6 November 2020

10.00-10.15 – Welcome and introduction by Dr Jayne Holliday (University of Stirling)

10.15-10.45 – Hague Intercountry Adoption Convention – how it should be interpreted and applied by Laura Martínez-Mora (Secretary, Hague Conference on Private International Law)

10.45-11.00 – Discussion

11.00-11.15 – Break

11.15-11.45 – Private International Law of Family Agreements after Brexit by Alexandre Boiché (French advocate, member of the Experts’ Group on Family Agreements at the Hague Conference on Private International Law)

11.45-12.15 – International Surrogacy and International Parentage – hopes for a global solution by Professor Giacomo Biagioni (University of Cagliari)

12.15-12.30 – Discussion

12.30-13.30 – Break for lunch

13.30-14.00 – Private International Law of Parental Responsibility (Custody and Access) after Brexit by Professor Thalia Kruger (University of Antwerp)

14.00-14.30 – Private International Law of Divorce after Brexit by Dr Máire Ní Shúilleabháin (University College Dublin)

14.30-14.45 Discussion

14.45-15.00 Break

15.00-16.00 – Keynote speech by Lord Justice Moylan ‘International Family Justice – Where are we Going?’

16.00-16.30 – Concluding remarks incorporating some comments on maintenance after by Brexit by Professor Paul Beaumont (University of Stirling)

Carsten Gerner-Beuerle (University College London & European Corporate Governance Institute – ECGI), Federico M. Mucciarelli (Università degli studi di Modena e Reggio Emilia – UNIMORE), Edmund Schuster (London School of Economics) and Mathias Siems (European University Institute – EUI, Durham University and European Corporate Governance Institute – ECGI) have posted Making the Case for a Rome V Regulation on the Law Applicable to Companies on SSRN.

The abstract reads:

There is significant legal variation and uncertainty in the conflict of laws rules applicable to companies in the EU. While the case law of the Court of Justice on the freedom of establishment has clarified some questions, it is evident that case law cannot provide for an adequate level of legal certainty. The main recommendation of this paper is that private international company law in the EU should be harmonised. The paper discusses the main challenges that a future regulation to this effect – called here ‘Rome V Regulation on the Law Applicable to Companies’ – would have to overcome. Some of those are of a political nature: for instance, countries may fear that it may become easier for companies to evade domestic company law (eg, rules of employee co-determination), and there are specific considerations that concern companies established in third countries. Another challenge is that a future regulation on the law applicable to companies has to be consistent with existing EU conflict of laws rules as regards, for example, insolvency and tort law, while also complying with the freedom of establishment of the Treaty. It is the aim of this paper to discuss these questions in detail, notably the general considerations for harmonisation in this field, a potential harmonisation based on the ‘incorporation theory’, how it may be possible to overcome some contentious issues such as the definition of the lex societatis or the relationship between the lex societatis and other areas of law, and the prospects of future international harmonisation.

A revised version of the paper will be published in the Yearbook of European Law.

“The collective defence of consumers’ rights has come a step closer. Following the agreement reached with the European Parliament in June 2020, the Council today adopted its position at first reading on a draft directive on representative actions for the protection of the collective interests of consumers within the EU.

The directive requires member states to put in place a system of representative actions for the protection of consumers’ collective interests against infringements of Union law. It covers actions for both injunctions and redress measures.

It empowers qualified entities designated as such by member states to seek injunctions and/or redress, including compensation or replacement, on behalf of a group of consumers that has been harmed by a trader who has allegedly infringed one of the EU legal acts set out in the annex to the directive. These legal acts cover areas such as financial services, travel and tourism, energy, health, telecommunications and data protection.

The directive distinguishes between qualified entities entitled to bring actions in the member state where they have been designated (domestic representative actions) and those entitled to bring actions in any other member state (cross-border representative actions). For domestic actions a qualified entity will have to fulfil the criteria set out in the law of its member state of designation, whereas for cross-border actions it will have to fulfil the harmonised criteria set out in the directive.

As a safeguard against abusive litigation, the directive provides clear rules on the allocation of judicial costs in a representative action for redress based on the ‘loser pays’ principle. Furthermore, with a view to avoiding conflicts of interest, it imposes on qualified entities a number of transparency requirements, in particular as regards their funding by third parties.

The directive will apply to representative actions brought on or after the date of its application”.

The text of the directive as of 21 October 2020 is attached to this post.

Source: https://www.consilium.europa.eu/en/press/press-releases/2020/11/04/collective-redress-for-consumers-council-adopts-position-at-first-reading/

“The Council today adopted two recast regulations, one on the taking of evidence and a second on the service of documents, to modernise cross-border exchanges between authorities through digitalisation. After reaching a political agreement with the European Parliament in June 2020, the text will now be submitted to the Parliament for its final adoption.

[…] Changes in both regulations include the mandatory use of a decentralised IT system, composed of interconnected national IT systems, for the transmission of documents and requests between member states.

Regarding the service of documents, under the new rules documents can be served electronically and directly to an addressee with a known address in another member state, when their express consent is given in advance. The service can be performed through qualified electronic registered delivery services or, under additional conditions, by e-mail.

The new rules also promote the use of videoconferencing or other distance communication technology in the taking of evidence which implies hearing a witness, party or expert located in another member state”.

The text of the adopted Evidence and Service Regulations are attached to this post.

Source: https://www.consilium.europa.eu/en/press/press-releases/2020/11/04/digital-europe-council-adopts-new-rules-to-modernise-judicial-cooperation-in-taking-of-evidence-and-service-of-documents/?utm_source=dsms-auto&utm_medium=email&utm_campaign=Digital+Europe%3a+Council+adopts+new+rules+to+modernise+judicial+cooperation+in+taking+of+evidence+and+service+of+documents

Contrat de travail, rupture

Filiation

Contrat de travail, exécution

Presse - Diffamation

Presse - Diffamation

Union européenne

Contrat de travail, rupture

Mardi soir, le gouvernement a été battu à deux reprises lors des débats sur la prolongation de l’état d’urgence sanitaire. Des débats houleux, qui ont contraint le gouvernement à annoncer un report des votes. Récit.

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