Video Hearings to Become Standard Practice

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Last week, the Federal Ministry of Justice published a draft bill which aims at making video hearings standard practice. The scope of Section 128a Code of Civil Procedure (ZPO) will be expanded; the provision will supplemented by a new Section 284 para. 2 ZPO dealing with the taking of evidence by video. Continue reading

Security for Costs Post-Brexit: Federal Supreme Court Provides Further Guidance

In a recent decision, the Federal Supreme Court (Bundesgerichtshof) had an opportunity to provide further guidance regarding the obligation of UK claimants to provide security for costs in German proceedings.The Federal Supreme Court and the Federal Patent Court (Bundespatentgericht) had already held in 2021 that corporate claimants have to post security for costs pursuant to Sec. 110 German Code of Civil Procedure (ZPO), as there is no surviving treaty that would fill the gap left by Brexit.

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Hague Judgments Convention: Entry into Force on 1 September 2023

The Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (Judgments Convention) had been open for signature since 2019. Now that it has been ratified by two contracting parties, it will enter into force in one year’ time. Continue reading

EC Commission Tackles Abusive Lawsuits Against Journalists: Procedural Law Impact

On 27 April 2022, the European Commission presented its proposals “to improve the protection of journalists and human rights defenders from abusive litigation.” These proposals are intended to prevent so-called “strategic lawsuits against public participation” or “SLAPP lawsuits”. Continue reading