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  01.12.2023

  United Kingdom

  Supreme Court clarifies position on uncontroverted evidence - TUI Ltd v Griffiths

  The Supreme Court has now clarified the position in relation to uncontroverted evidence.After nine years, TUI Ltd v Griffiths [2023] UKSC 48 has reached a conclusion which most practitioners were expecting. Subject to certain important exceptions, evidence which is not agreed must be challenged by cross-examination. This is an essential feature of our adversarial system and is required to ensure fairness to the parties, the witness (whose evidence a judge is invited to reject) and the court.Although Griffiths concerned expert witness evidence, the principle established applies to the evidence of...

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  01.12.2023

  United Kingdom

  Court of Appeal revisits its decision on mandatory ADR - Mr Churchill v Merthyr Tydfill County Borough Council

  In a much-anticipated judgment, the Court of Appeal has returned to the question of mandatory non-court-based dispute resolution (or ADR, as most people still call it), which was previously considered by the Court of Appeal 20 years ago in Halsey[1].Two principal questions were considered: does the Court have the power to order the parties in Court proceedings to engage in some form of ADR? If so, in what circumstances?In determining that the Court does have that power, the judgment echoes the recent conclusion of the Civil Justice Council that mandatory ADR is not inconsistent with Article 6 of...

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  27.11.2023

  EU

  State aid: Temporary Crisis and Transition Framework extended

  GB FR

  The European Commission has adjusted the timetable for phasing out the provisions of the State aid Temporary Crisis and Transition Framework after sending Member States this proposal for partial adjustment of the timetable for consultation in order to respond to the crisis following Russia's aggression against Ukraine and the unprecedented rise in energy prices.On 23 March 2022, the Commission adopted the State aid Temporary Crisis Framework to enable Member States to act quickly and effectively in adopting aid measures in favour of companies affected by the considerable economic uncertainties,...

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  22.11.2023

  Ukraine

  In Ukraine, foreign legal entities not obligated to register electronic accounts in the Unified Judicial Information and Te­le­co­m­mu­ni­ca­tion System

  On 4 November 2023, the Law of Ukraine No. 3424-IX "On Amendments to Certain Legislative Acts of Ukraine to Clarify the Obligations of Parties to a Court Case" came into force, which confirms that foreign legal entities are not obligated to register electronic accounts in the Unified Judicial Information and Telecommunication System.BackgroundOn 29 June 2023, the Ukrainian parliament adopted Law of Ukraine No. 3200-IX "On Amendments to Certain Legislative Acts of Ukraine Concerning Mandatory Registration and Use of Electronic Accounts in the Unified Judicial Information and Telecommunication System...

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  17.11.2023

  United Kingdom

  Proposed legislation would radically expand the UK’s class action regime

  15 November 2023 saw publication of two proposed amendments to the Digital Markets, Competition and Consumers Bill that would have significant impacts on the UK’s class action regime:First, a proposed amendment, introduced by Sir Robert Buckland, to expand the jurisdiction of the UK Competition Appeal Tribunal (the “CAT”) to consumer class actions (the “Buckland Amendment”).  At present, the CAT only has jurisdiction for competition class actions.Second, a proposal to reverse the effect of the Supreme Court’s decision in PACCAR, in relation to damages claims...

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  16.11.2023

  Hungría

  Hungary holds public consultation for draft law on electronic identification and signatures in the financial sector

  On 10 November 2023, the Prime Minister's Cabinet Office submitted for public consultation the draft “Law on the Digital State and Certain Rules for the Provision of Digital Services” (“Digital Citizenship Law”).This Digital Citizenship law is linked to the National Digital Citizenship Programme, which aims at making it easier and faster for “digital citizens” (more precisely: every person resident in Hungary) to manage their affairs through a single mobile application. The mobile application will allow users to prove their identity, settle their payments to...

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