English Law

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The Decision

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To celebrate the 10th anniversary of the friendships, legal links and business between the two countries, The Bar Council and Law Society, in conjunction with its partners, will be organising a special celebratory gala dinner in addition to the conference on 14 November in Moscow. To purchase a ticket for the dinner please register with the Bar Council here.

History of English Law - Courts of the Common Law - Introduction & Exchequer

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Towards an Implied Duty of Good Faith Under English Law

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I thought the event was a great success. Site powered by Webvision Cloud. Skip to main content Skip to navigation. English Law Week in Russia: 10th Anniversary. The bank sent a notice to the Defendants by registered post and by e-mail to the solicitors acting for the company in the examinership.


English Law | Duke University School of Law

The e-mail was copied to Mr Maniar. The e-mail to Mr Maniar rebounded as undeliverable. The solicitors had only acted for the company in the examinership; not the Defendants in their personal capacity. By the time the letter had been received, the period under section had long expired. The bank brought proceedings in England on the guarantees.

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The Defendants denied that good service had been effected under section such that the guarantees, as a matter of both English and Irish law, were unenforceable. There were also arguments around the effect of supervening Irish Debt Settlement Agreements a personal insolvency arrangement , and the effect of Article 15 of the Insolvency Regulation lis pendens. Although the guarantees were governed by English law, the English court held that it was required to recognise the effects under Irish law of a failure to properly serve the section notice. Accordingly, the Regulation required that Irish law have primacy in the English proceedings.

But, as a matter of Irish law, service under section could only be effected if the Defendants had actually received the notice or if they were otherwise aware that the bank had been trying to serve it upon them and, in general terms, the nature of its contents.

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In Ireland, the emphasis is instead placed firmly upon whether the recipient was actually aware of the contents of the document. Although it was alleged that the Defendants had attempted to evade service, that argument could not be sustained on the evidence. The court however recognised the inherent problems with a litigant having to prove actual service.

Week Two | Constitutional Principles of the English Legal System

But, could an English court exercise the Irish deeming power in considering the enforceability of the guarantees? Generally, an English court applying foreign law is required to apply the whole of the foreign law material to the case, as opposed to any truncated version.

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To do otherwise may introduce absurdity. It was simply determining how the Irish court would exercise its own discretion. However it was the bank who bore the burden of persuading the court to exercise the discretion.

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The various factors in play in this case were finely balanced.

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