Showing 1 - 10 of 19
The fusion of law and equity in common law systems was a crucial moment in the development of modern Anglo-American law, with implications for the procedural, substantive and remedial aspects of law. This paper will introduce a volume of essays in which scholars undertake historical,...
Persistent link: https://www.econbiz.de/10012910728
Modern legal systems, including the English, emphasise the need to promote mediation, uphold arbitration (which bypasses the courts), and achieve settlements. These are regarded as preferable to lengthy court proceedings culminating in trial. In England the Jackson reforms of April 2013 aim to...
Persistent link: https://www.econbiz.de/10013075670
Fundamental choices are to be made when fashioning a system or combination of systems concerning multi-party and collective relief (see section II of this article). These include:economic access to justice (section III), opt-out 'class' litigation (notably the status of `representatives' suing...
Persistent link: https://www.econbiz.de/10013058392
This article examines the modern 'squeeze' upon court proceedings. England remains committed to attracting cross-border contentious legal work. The administrators of the courts system and of mediation and arbitration bodies share the goal of improving civil justice in all its forms. Mediation is...
Persistent link: https://www.econbiz.de/10013062778
Private enforcement is an increasingly prominent and important aspect of EU competition law. The impending Directive on damages actions aims to strengthen and, to a degree, harmonise procedures for private competition litigation, while recent cases of the Court of Justice have consistently...
Persistent link: https://www.econbiz.de/10014144484
The English costs rules were amended in April 2013 to implement Sir Rupert Jackson's Costs Inquiry (2010). Proportionality has become (see sections II to IV of this paper) the final determinant when assessing standard basis costs, supplementing but also trumping the pre-existing criteria of...
Persistent link: https://www.econbiz.de/10013058391
Since the beginning of the financial crisis, various forms of public support have been employed to provide financial assistance to troubled banks. Any such operation involving public funds must comply with EU State aid rules in order to prevent competitive distortions between banks and member...
Persistent link: https://www.econbiz.de/10012980630
Unless it remains in the single market via membership of the EEA or is able otherwise to negotiate special access terms, after Brexit the UK will have to fall back on the third country provisions of EU financial services regulation. This paper examines the complexities of the current Union...
Persistent link: https://www.econbiz.de/10012982240
For more than two decades, the European Union has been experimenting with forms of policy coordination as a means of seeking influence in domains of policy that more typically fall within the competence and political authority of its Member States. Across economic, employment and social...
Persistent link: https://www.econbiz.de/10012983075
The European Commission's draft Directive on Bank Recovery and Resolution includes a framework for intra-group financial assistance in financial groups. This paper examines the nature of banking groups and the policy arguments for and against a regulated framework for intra-group support....
Persistent link: https://www.econbiz.de/10013104605