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Brexit: Implications for European Litigation
December 31, 2020, Covington Alert
On 24 December 2020, the EU and the UK reached agreement on the terms of the “EU-UK Trade and Cooperation Agreement” (the “Brexit Deal”). Despite this eleventh-hour agreement, the Brexit Deal is silent on judicial cooperation in civil matters. In this alert, we consider how Brexit, and the Brexit Deal, are likely to affect litigators in Europe going forward and considerations for parties with a preference for English law and jurisdiction clauses.
December 14, 2020, Covington Alert
The UK Supreme Court has ruled in favour of Walter Merricks, the former head of the UK Financial Ombudsman Service, in a hotly-anticipated judgment in the first opt-out competition class action brought in the UK. Background Mr Merricks is the proposed class representative for 46.2 million people who, between 22 May 1992 and 21 June 2008, purchased goods and/or ...
September 29, 2020, Covington Alert
How is Brexit likely to affect litigators in Europe after the end of the transition period on 31 December 2020, if no deal is agreed between the UK and the EU to cover their future relationship? In this alert, we consider the “run-off” period created by the Withdrawal Agreement, what is left thereafter, and the implications for drafting choice of law and ...
English Competition Appeals Tribunal to Reconsider £14 Billion Class Action Against MasterCard
May 13, 2019, Covington Alert
England’s Court of Appeal has decided that the Competition Appeals Tribunal (the "CAT") erred in rejecting certification of former financial ombudsman Walter Merricks’ class action against MasterCard, for £14 billion. As a result, the CAT will now reconsider whether to certify the class.