UK Government launches ‘Retained EU Law Dashboard’

We previously wrote about Lord Frost’s promise to carry out a comprehensive review of the content of Retained EU law. As a result of that review, the Government has released a ‘Retained EU Law Dashboard’, which can be accessed here. The Dashboard “showcases the outcome of this review as an authoritative catalogue of [Retained EU…

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The US legal system – an English barrister’s view

This is a blog post by Spencer Turner about his recent experience of the US legal system during his travels on a Pegasus Trust Scholarship. “America is not like a blanket – one piece of unbroken cloth, the same colour, the same texture, the same size. America is more like a quilt – many patches,…

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Forum disputes: “get it right first time”

As I said at the outset, I was persuaded to give permission to appeal because it appeared that a question of principle might arise. With the benefit of argument, I doubt whether that is so. However, this appeal will have served a useful purpose if it underlines the importance, in this context as elsewhere, of…

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Can you strike out without submitting to the jurisdiction?

We know from cases like PJSC Bank “Finance And Credit” & Anor v Valentynovich & Ors [2021] EWHC 2522 (Ch) at [67] and Tsareva v Ananyev [2019] EWHC 2414 (Comm) at [60] that defendants have been allowed to issue conjoined applications disputing the court’s jurisdiction while simultaneously applying for strike-out or summary judgment without this…

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Court of Appeal: English law governs tort claims for mistreatment at CIA “black sites”

In Zubaydah v Foreign And Commonwealth Office & Ors [2022] EWCA Civ 334, the Court of Appeal considered which law should apply to tort claims against the State based on the Claimant’s extreme mistreatment and torture at “black sites” at the hands of the CIA between 2002 and 2006. Lane J had held that the…

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Forum conveniens

We previously wrote about how, following the Supreme Court’s approach in Brownlie II, the likelihood is that “proper forum” disputes will form a major battleground in future international injury litigation. It seems that the first wave of such cases is already arriving, as illustrated by the recent failure of a forum challenge in Klifa v…

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