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POST OF THE DAY

Resisting Jurisdiction of the English Courts in Litigation and Arbitration

Every year, hundreds of Russian individuals and companies are served as defendants in litigation commenced in the English High Court, or as respondents in arbitrations supervised by the English High Court. This is possible, even if the party being served has never set foot in England. Such occurrences are becoming more common, with English law governing around half of international contracts and the English courts offering flexible and favourable rules that permit service on Russian defendants. When served, it is essential for Russian defendants to immediately seek advice from English lawyers. Whilst there are a number of ways in which the jurisdiction of the English courts may be challenged, defendants must take steps to do so within 14 days, or they will be at risk of default judgment, potentially exposing the party to significantly high-value legal obligations. The arguments the party should present largely depend on the particulars of the individual case. In this article, we consid
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GDPR & English law

LEGAL OPINION regarding applicability of GDPR and Data Protection Act 2018 to the contract subject to English law   Introduction The Client has addressed the following issue: whether GDPR is applicable to the data processing under the contract subject to English law where parties are not related to EU or UK. In answering this question, we have examined both GDPR and Data Protection Act 2018 which incorporates the GDPR into English legislation. Scope of GDPR The GDPR has two scope of applicability: material and territorial. The material scope extends to the objects which are regulated by the GDPR. The Art. 2 of the GDPR states: 1.       “ This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system. 2.       This Regulation does not apply to the processing of personal data: 1.      

Expert insight into the Deepwater Horizon case

This is my interview with David Logan, professor at RWU Law School, who acts as a legal expert on the Gulf of Mexico Oil Spill. David kindly agreed to give this interview for Shippinglaw.Ru website (which has been closed). Below is a full text of the interview: Please tell us about the degree of your involvement and your role in the Gulf of Mexico Oil Spill case. I did not participate in the case(s), directly or indirectly. However, because of my expertise in Mass Torts, I have been approached by various domestic and foreign media services to provide explanations and analysis of developments in the case(s) (including the Voice of Russia http://law.rwu.edu/story/voice-russia-logan-bps-future) . Can you please tell us about the defense strategy used by BP in the litigation on Gulf of Mexico Oil Spill case? There are many legal issues that arose out of the explosion: criminal; regulatory; and many civil claims for damages by workers, businesses, and state and local governments. As a resul