Jurisdiction

Court of Appeal upholds award of damages for breach of English jurisdiction agreement

The Court of Appeal has held that it did not infringe EU law to bring a claim for damages for breach of a settlement agreement, and the jurisdiction provisions in that agreement, against a party who had wrongfully commenced proceedings … Continue reading

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High Court considers relevance of Mitchell to late application to challenge jurisdiction

A deputy judge has held that deemed submission to the jurisdiction by failing to challenge jurisdiction on time is not a sanction, so no question of relief from sanction arises on a late application. The Mitchell case is relevant, however, … Continue reading

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Filed under Interim applications, Jurisdiction

Court of Appeal finds proceedings for contempt may be brought against foreign director of corporate party

The Court of Appeal has held that proceedings for civil contempt may be brought against a director of a foreign company which is party to proceedings in England and Wales but has not complied with a court order in those … Continue reading

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Two upcoming webinars: updates on jurisdiction and commercial contracts

Next week we will be delivering two update webinars for Herbert Smith Freehills clients and contacts, covering developments in jurisdiction and commercial contracts respectively. In the jurisdiction update, on Tuesday 3 June Adam Johnson, Anna Pertoldi and Maura McIntosh will look … Continue reading

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US federal appeals court gives extraterritorial application to Racketeer Influence and Corrupt Organization Act (RICO)

In a milestone ruling last week, a Second Circuit panel has revived a massive civil RICO action brought a dozen years ago by the EU and twenty-six of its member states against R.J. Reynolds Tobacco and related entities for their … Continue reading

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Transitory Movement of Funds through New York Banks No Guarantee of Jurisdiction

In a case of interest to foreign parties that routinely use New York’s banking system to facilitate dollar transactions, the New York Court of Appeals has reversed a decision by the Appellate Division that would have foreclosed forum non conveniens … Continue reading

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High Court finds proceedings can be served at English address registered by overseas director under Companies Act 2006

In what appears to be the first case interpreting section 1140 of the Companies Act 2006, a High Court Master has found that service on a director’s English registered address was good service of proceedings, regardless of whether the director … Continue reading

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US Supreme Court rejects jurisdiction over foreign corporation based on its subsidiary’s contacts with the forum

For the first time ever, the United States Supreme Court has addressed whether a foreign corporation may be subjected to a court’s general jurisdiction based on its subsidiary’s contacts with the forum state: Daimler AG v. Bauman, No. 11-965, 2014 WL … Continue reading

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Cartel follow-on damages claim did not come within jurisdiction clause

The Court of Appeal has held that a claim for losses caused by an Italian cartel did not come within a jurisdiction clause giving non-exclusive jurisdiction to the English courts: Ryanair Ltd v Esso Italiana Srl [2013] EWCA 1450. The … Continue reading

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Filed under Jurisdiction, Tort

Supreme Court interprets Articles 27 and 28 of Brussels Regulation, but many issues still require clarification from CJEU

The Supreme Court has refused to stay English proceedings under Article 28 where a related action was commenced in Greece seeking to reopen issues litigated and settled in earlier English proceedings. The court also concluded that a stay was not … Continue reading

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