Trial Lawyers Europe.com » British Law

How to sue in Europe

bs — Sun, 26 Jun 2011 17:13:50 +0000

Litigating in Europe

For a foreign client, taking legal action in Europe is a complex issue. Each European country has its own national laws, court structures and unique legal history. Fundamental differences exist in the nature of the various national legal systems. Few countries follow a common law system. Most states have adopted a civil law jurisdiction based on codification, where statutes are the primary source of law and precedents are less important. Courts decide disputes based on a learned interpretation of relevant statutes. By contrast, common law jurisdictions use cases as a primary source of law and there is a strong adherence to the doctrine of precedent.

Procedural law also differs drastically from common law jurisdictions. Most civil law jurisdictions do not use a (pre trial) discovery procedure. Some operate by an inquisitorial procedure (which means the judges actively inquire the facts they deem relevant for a fair court ruling), other jurisdictions use an adversarial procedure (meaning the parties must provide the court with the facts of the case).

On top of the 27 different national jurisdictions within the European Union, EU laws and EU courts add an additional layer of complexity. In certain areas of law national courts must refer legal issues to EU courts to be decided on aEuropean level, so an EU wide consistent interpretation is guaranteed.

British Law (Links)

bs — Thu, 20 Nov 2008 13:55:08 +0000

British Legal System – Overview (Link)

Law of the United Kingdom – Overview Wikipedia (Link)

The General Council of the Bar

The Law Society of England and Wales

Faculty of Advocates

The Law Society of Scotland

General Council of the Bar of Northern Ireland

Law Society of Northern Ireland

How to found a German Company

bs — Thu, 02 Oct 2008 17:54:51 +0000

Foreign companies may, of course, do business all of Europe. Thus, legally, there is no necessity to establish a national company under German rules. However, there are many good reasons to found an “original” national company, if only because customers have more sympathy towards a domestic firm compared to a foreign company. There are numerous options for establishing a German company. The three most relevant are presented here:

1) The most popular is the “Gesellschaft mit beschränkter Haftung”, in short “GmbH” (private limited company): A private limited company may be established by a single shareholder. A minimum capital of 25,000 Euros is required. The establishing of the company must be notarised. The company is officially registered a few weeks after notarisation andmay then start its business activities. Details on formation of a GmbH here

2) The suitable legal form for bigger enterprises is the “Aktiengesellschaft”, in short “AG” (public limited company; corporation) which requires a minimum capital of 50,000 Euros.

3) Finally there is the “Gesellschaft mit beschränkter Haftung & Co. KG” (private limited company with a limited partner), which is a combination of two legal forms which is chosen mainly for tax reasons.

Here is an overview of legal business forms in Germany: PDF Download

For general information on investment in Germany: Investment Guide to Germany