Re: Brussels opposes UK entry to the Lugano Convention legal pact
Originally Posted by
Bread
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I've done many things Banchory.
But I've never heard of anyone joining a convention then not using it. Any part of a contract which references the Lugano Convention which is between the UK and another Lugano State at the time the contract was signed when the UK was a member of the Lugano Convention would need updating
That's 7 times now you've been told.
You might have done many things compiling, tendering and administering contract is certainly not one of them.
Who said anything about not using the convention, it doesn’t have to be referenced in a contract to use it as it is enshrined in statute law.
The 2007 Lugano Convention was incorporated into UK law by the Civil Jurisdiction and Judgments Regulations 2009. It is also enshrined in EU member states laws.
As contracts clearly define the national law applicable there is no need to reference any constituent of that law or amend any wording in a contract.
Changes in law might alter the scope or requirement of the contract so could be considered to be a variation which requires agreement in writing by both parties however, contracts do not consider or reference methods of litigation so the point is mute.
You also still don’t understand the key benefit of the Lugano Convention is where there is a consumer contract, they can sue the other party to the consumer contract in their home courts which is of enormous benefit to a the consumer who is usually the weaker party