Jurisdiction in Construction Disputes involving Cross-Border Fraudulent Transfers of Assets

Articles

Jurisdiction in Construction Disputes involving Cross-Border Fraudulent Transfers of Assets


Debtors often try to make themselves judgment proof by transferring their assets to third parties. Consequently, all EU Member States provide various legal remedies that empower a creditor to ask… Read more »

CategoryArticles Author Michael McParland QC Date

The Proper Test Of Liability For Dishonest Assistance For Breach Of Trust And Fiduciary Duty: “Dishonesty Means Dishonesty- Objectively”.


In its important decision of Group Seven Ltd & Rheingold Management Incorporated v. (1) Notable Services LLP and (2) Martin Landman [2019] EWCA Civ 614, the Court of Appeal has… Read more »

CategoryArticles Author Michael McParland QC Date

The Applicable Law Of Set-Off And Cross-Border Insolvency Proceedings: The Advocate General’s 30 April 2019 Opinion In CeDe Group AB


Today, Advocate General Bobek has delivered his opinion in Case C-198/18 CeDe Group AB v KAN Sp. z.o.o. (in insolvency) (see here), a  case which relates to the vitally important… Read more »

CategoryArticles Author Michael McParland QC Date

Brexit on 22nd May? Maybe? Maybe not?


Interestingly, the Prime Minister’s belief that she can still persuade Parliament to pass a version of her EU Withdrawal Agreement by 22nd May is reflected at the Hague Conference on… Read more »

CategoryArticles Author Michael McParland QC Date

Truth and Transparency Needed Over Brexit


Michael McParland QC sheds light on article 62 in The Guardian’s ‘Letters’. To read the full article, please click here.

CategoryArticles Author Michael McParland QC Date

Security for Costs Against EU Resident Claimants Post-Brexit?


The current position EU and EFTA resident claimants and counterclaimants are currently a protected species in English litigation: an order for security for costs, based on the fact they are… Read more »

CategoryArticles Author Michael McParland QC Date

“Vague about the Hague”: UK’s accession to the Hague Choice of Court Convention is suspended.


The old whiskey advert used to advise the nation “don’t be vague, ask for Haig”. Unfortunately, when it comes to the UK’s post-Brexit accessions to the Hague Conventions, being “vague”… Read more »

CategoryArticles Author Michael McParland QC Date

No Deal Brexit and the Sale of Vehicles & Engines in the Internal Market


The European Commission has today (28 March 2019) published a notice to stakeholders in the automotive industry which emphasises that, after Brexit Day, UK type approval for: (a)       agricultural and… Read more »

CategoryArticles Author Michael McParland QC Date

“Moving the Goalposts”: The EU Exit Day Extension Negotiations


Exit Day? For two years one thing was supposedly certain in the Brexit negotiations: on 29 March 2019, the UK was going to withdraw from both the EU and the… Read more »

CategoryArticles Author Michael McParland QC Date

Cross-Border Litigation, Limitation Periods & Overriding Mandatory Provisions


Are limitation periods “overriding mandatory provisions” within the meaning of both the Rome II and Rome I Regulations, so that a forum court can override a shorter limitation period in… Read more »

CategoryArticles Author Michael McParland QC Date

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