The Cour de cassation rules unfair evidence admissible in civil proceedings
In two rulings dated December 22, 2023, the Cour de cassation abandoned the principle that evidence obtained unfairly is inadmissible in civil proceedings. In both cases, an employee contested his dismissal for misconduct and the evidence presented by his employer to justify it: a transcript, made without the employee’s knowledge, of a meeting during which […]
Change in case law concerning the taking over of pre-incorporation contracts
In three rulings dated November 29, 2023, the Cour de cassation expressly abandoned the principle that a pre-incorporation contract, to be binding upon the company once registered, had to mention that it had been concluded “on behalf of” the company being formed. From now on, the judge will make a “sovereign assessment, based on an […]
UK Arbitration Bill
The UK government introduced an Arbitration Bill (the “Bill”) in the House of Lords on 21 November 2023. The Bill aims to modernise arbitration law for the first time in 27 years by amending the English Arbitration Act 1996. The Bill implements all the recommendations made last year by the Law Commission of England and […]