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Leaving Lugano: Is this the last chapter in the Brexit saga on jurisdiction and judgments? "Oui ou Non?" | Sullivan & Worcester


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The uneasy rumblings in the media recently on whether the UK would be welcomed back by the European Union (
EU) into the Lugano Convention family were confirmed on 4 May 2021, when the European Commission issued its Communication from the Commission to the European Parliament and the Council [1] with its assessment on the application of the UK to accede to the 2007 Lugano Convention on the jurisdiction and recognition and enforcement of judgments (
Lugano Convention). It recommended that the EU
should not give its consent to UK accession. This communication has been met with disappointment by the legal profession[2] and characterised by the media as a political decision, rather than one based on common sense. However, there is room for hope this is not quite the last chapter in the saga of the EU/UK relationship in the area of choice of court agreements, jurisdiction and judgments. ....

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UK: What is the Fuss About Gategroup?


Tuesday, March 16, 2021
Re gategroup Guarantee Limited [2021] EWHC 304 (Ch) (
Re gategroup Guarantee Limited) and provides a view of its effects on the cross-border application of the Restructuring Plan (defined below) and the use of co-obligor structures in restructurings.
IN DEPTH
The Restructuring Plan
The UK restructuring plan was introduced by the Corporate Insolvency and Governance Act 2020 as a new Part 26A of the Companies Act 2006 (the 
Restructuring Plan) and is substantially modelled on the existing UK scheme of arrangement under Part 26 of the Companies Act 2006 (the 
Scheme). Restructuring Plans primarily differ from Schemes in the following respects:
A company may use Restructuring Plans where: (i) it has encountered, or is likely to encounter, financial difficulties that are affecting, or will or may affect, its ability to carry on business; and (ii) a compromise or arrangement is proposed between the company and its cred ....

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Recognition And Enforcement Of Foreign Judgments In The Republic Of Cyprus - International Law


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In an era where business relationships and financial affairs are
extending over national boundaries, there is a need for global
legal collaboration between nations in order to preserve the legal
rights of parties. One of the main pillars of global legal
collaboration is the ability of a judgment creditor to seek the
recognition and enforcement of a judgment issued by a foreign
court, in another country s jurisdiction, ensuring that justice
is served.
Although there is no unified system for the enforcement of
foreign judgments, Cyprus, as one of the EU s Member States, ....

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