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The EU Divided, but Not as We Know It - Jack Harding, 1 Chancery Lane

07/07/16. The events of past weeks have brought into sharp focus the seemingly different attitudes held by a majority of the UK population compared to other EU member states. The result, whilst at present uncertain, may well be a full uncoupling of the UK legal system from European law. It is interesting to note, therefore, that even though EU law has for many years moved towards a harmonisation of legal principles across the legal systems of its constitutent members, significant differences have remained. This is ably demonstrated by the recent high court decision in Committeri v Club Medieterranee SA (2016) EWHC 1510.

Mr Committeri was on a team building exercise in France which was organised by his (London-based) employer, BNP Paribas. The activity involved climbing an ice-wall. Whilst he was being belayed he slipped and fell. Although he was caught by the rope he struck his foot during the fall, sustaining injury. The activity was organised by the Defendant tour operator, based in France, with whom BNP had entered a contract for the provision of travel, accommodation and the activity for its employees. The contract contained a ‘Law and jurisdiction clause’ which provided that the booking conditions would be governed by English law...

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