23-04-2021, 07:31 AM
41
Re: Brussels opposes UK entry to the Lugano Convention legal pact
Originally Posted by Banchory
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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
Changes in law happen all the time even between member states - I gave an earlier example of opening hours.
Your agreeing with me except your confusing the Convention with the law itself - they are two separate things.
23-04-2021, 08:05 AM
42
Re: Brussels opposes UK entry to the Lugano Convention legal pact
Originally Posted by Bread
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Changes in law happen all the time even between member states - I gave an earlier example of opening hours.Your agreeing with me except your confusing the Convention with the law itself - they are two separate things.
No I’m not, You have stated that a contract will need to be amended if we are no longer party to the Lugano Convention which is incorrect because you have no real understanding of contracts and the effect of changes in statute law have on contracts.
Are you now agreeing with me that no amendments to contracts are required if we are no longer party to the Lugano Convention
There is no confusion as the convention was enshrined into law and contracts will only need to reference which countries law applies.
23-04-2021, 09:20 AM
43
Re: Brussels opposes UK entry to the Lugano Convention legal pact
HiYou two can argue as much as you want.
I know naff all about Contract Law, seriously not my thing.
It would bore me to death.
The big thing is we are out of the EU.
The next big thing is that I am now retired and do not have to be nice to the French again.
There is a misconception that all Government employees are remainers trying to frustrate the Referendum.
They are not.
23-04-2021, 10:27 AM
44
Re: Brussels opposes UK entry to the Lugano Convention legal pact
Originally Posted by Banchory
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No I’m not, You have stated that a contract will need to be amended if we are no longer party to the Lugano Convention which is incorrect because you have no real understanding of contracts and the effect of changes in statute law have on contracts.Are you now agreeing with me that no amendments to contracts are required if we are no longer party to the Lugano Convention
There is no confusion as the convention was enshrined into law and contracts will only need to reference which countries law applies.
If we are no longer part of the Lugano convention we would need to update all historic EU-UK contracts which are still valid. If we were recognised as a Lugano State, we wouldn't which is why we have asked to join it, to avoid the unnecessary updates to the contracts, which also benefits the other Lugano states, incidentally.
When the UK left the EU we left Lugano Convention - the only country in the world to do this, so its not unusual for the UK to be the only country in the world to still have references outside the EU to the Lugano Convention in contracts.
Being recognised as a Lugano State would avoid the updating of all the contracts - both for the 27 and for us.
That's now about 9 times I've explained this to you.
23-04-2021, 11:35 AM
45
Re: Brussels opposes UK entry to the Lugano Convention legal pact
Originally Posted by Bread
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You might get somewhere if you actually read what I wrote properly. I've said about 7 or 8 times now that if the contract uses the Lugano convention and its referenced in the contract it will need to be re-worded. The convention and the law are two completely different things. If we are no longer part of the Lugano convention we would need to update all historic EU-UK contracts which are still valid. If we were recognised as a Lugano State, we wouldn't which is why we have asked to join it, to avoid the unnecessary updates to the contracts, which also benefits the other Lugano states, incidentally.
When the UK left the EU we left Lugano Convention - the only country in the world to do this, so its not unusual for the UK to be the only country in the world to still have references outside the EU to the Lugano Convention in contracts.
Being recognised as a Lugano State would avoid the updating of all the contracts - both for the 27 and for us.
That's now about 9 times I've explained this to you.
Contracts themselves offer remedies for dispute resolution to mitigate litigation but have no need to include any reference to conventions or any other mechanisms that are an inalienable right in statute law, so there is no need to reference the LC nor is there any requirement to update any contracts. A litigant in a different country to the applicable law would merely find they could not undertake litigation through their own country’s courts
23-04-2021, 11:54 AM
46
Re: Brussels opposes UK entry to the Lugano Convention legal pact
Originally Posted by Banchory
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And every time you are wrong because all signatories of contracts between EU & EFTA members can utilise the Lugano Convention for litigation under respective statute law.Contracts themselves offer remedies for dispute resolution to mitigate litigation but have no need to include any reference to conventions or any other mechanisms that are an inalienable right in statute law, so there is no need to reference the LC nor is there any requirement to update any contracts. A litigant in a different country to the applicable law would merely find they could not undertake litigation through their own country’s courts
We aren't in the EU or EFTA
Thats the while point
Why are you getting so wound up over admin ?
24-04-2021, 06:56 AM
47
Re: Brussels opposes UK entry to the Lugano Convention legal pact
Originally Posted by Bread
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We aren't in the EU or EFTA Thats the while point
Why are you getting so wound up over admin ?
You should stop making things up and pretending you are are knowledgable on subjects you clearly know nothing about.
24-04-2021, 08:45 AM
48
Re: Brussels opposes UK entry to the Lugano Convention legal pact
Originally Posted by Banchory
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So you’ve finally understood why the EU is reticent to let us join You should stop making things up and pretending you are are knowledgable on subjects you clearly know nothing about.
Your still not understanding this.
Here's some advise, don't write posts about things you know nothing about.
It will stop me wasting my time explaining and you looking embarrassed.
The UK is outside the Lugano Convention since we left we are not wanting to join EFTA or the EU only to be recognised as a Lugano State to prevent the admin burden of updating contracts.
I can't make this any simpler for you. And now you finally understand it, you will realise that nobody including me really gives a toss about the Lugano Convention. Even the remain media don't care which is why it's not all over the news.
24-04-2021, 07:13 PM
49
Re: Brussels opposes UK entry to the Lugano Convention legal pact
Originally Posted by Bread
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Your still not understanding this.Here's some advise, don't write posts about things you know nothing about.
It will stop me wasting my time explaining and you looking embarrassed.
The UK is outside the Lugano Convention since we left we are not wanting to join EFTA or the EU only to be recognised as a Lugano State to prevent the admin burden of updating contracts.
I can't make this any simpler for you. And now you finally understand it, you will realise that nobody including me really gives a toss about the Lugano Convention. Even the remain media don't care which is why it's not all over the news.
Although you claim to have many years experience in contracts but your lying and ineptitude is exposed in your lack of understanding of the mechanisms of contracts
You make the erroneous assumption I am posting on a topic I know nothing about
You also make the erroneous assumption I really care what yo give a toss about I only post to counter the misinformation your consistently spread.
And for that matter I don’t really care if the U.K. is party to the Lugano Convention or not, only that you don’t spread misinformation about the implications
24-04-2021, 08:46 PM
50
Re: Brussels opposes UK entry to the Lugano Convention legal pact
Originally Posted by Banchory
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Although you claim to have many years experience in contracts but your lying and ineptitude is exposed in your lack of understanding of the mechanisms of contractsYou make the erroneous assumption I am posting on a topic I know nothing about
You also make the erroneous assumption I really care what yo give a toss about I only post to counter the misinformation your consistently spread.
And for that matter I don’t really care if the U.K. is party to the Lugano Convention or not, only that you don’t spread misinformation about the implications
Your not convincing anyone
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