Jurisdiction

Our latest UK Banking Litigation Update published

We have published our latest Banking Litigation Update, summarising some of the more important cases and developments affecting UK financial institutions over the past year. The update includes developments relating to mis-selling claims, jurisdiction and other significant decisions. Click here to … Continue reading

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Filed under Announcements, Jurisdiction, Miscellaneous

Commercial Court finds forum non conveniens waiver clause does not necessarily preclude stay on grounds of forum non conveniens

The Commercial Court has held that a non-exclusive jurisdiction clause combined with a forum non conveniens (FNC) waiver clause does not preclude the court from granting a stay of English proceedings in favour of another jurisdiction. The court will however … Continue reading

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Filed under Contract, Jurisdiction

CJEU confirms validity of jurisdiction clauses agreed electronically by “click-wrapping”

In a very recent decision, the Court of Justice of the EU has clarified the requirement under the Brussels Regulation for a jurisdiction agreement to be “in writing” or “evidenced in writing” in the context of a contract concluded online: … Continue reading

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Filed under Contract, Jurisdiction

French Supreme Court refuses to apply a unilateral jurisdiction clause

In a recent decision, the French Supreme Court (Cour de cassation) has again refused to apply a unilateral jurisdiction clause. A unilateral jurisdiction clause requires one party to bring proceedings in one jurisdiction only, while the other may choose to … Continue reading

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Filed under Contract, Jurisdiction

Court of Appeal considers conflicting jurisdiction clauses in insurance service agreements

In the recent case of Trust Risk Group SPA v AmTrust Europe Ltd [2015] EWCA Civ 437 the Court of Appeal held that there was a good arguable case that the jurisdiction clause in an earlier contract gave the English … Continue reading

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Filed under Contract, Jurisdiction

Article published on risk of parallel prospectus liability claims in different EU jurisdictions

Issuers of listed securities will be conscious of their exposure to prospectus liability claims in the UK and elsewhere in the EU. The prospect of facing parallel claims from investors in multiple jurisdictions has arguably been increased by the recent … Continue reading

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Filed under Jurisdiction, Miscellaneous

Supreme Court takes restrictive approach to the opening of secondary proceedings in England under EC Insolvency Regulation

The Supreme Court has held that, in order to open secondary proceedings in England under EC Regulation 1346/2000 on Insolvency Proceedings, the company’s “establishment” within the jurisdiction must be a fixed place of business that is involved in a business … Continue reading

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Filed under Jurisdiction, Miscellaneous

Dangers of filing further acknowledgement of service when appealing jurisdiction judgment

The Court of Appeal has held that filing a further acknowledgement of service following an unsuccessful jurisdiction challenge amounts to submission to the English jurisdiction. This is so even if the defendant is appealing against the jurisdiction judgment: Deutsche Bank … Continue reading

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Filed under Interim applications, Jurisdiction

Commercial Court stays claim against guarantors pending arbitration relating to underlying debts

The Commercial Court has granted a stay of proceedings against guarantors, despite the guarantees containing an exclusive jurisdiction clause in favour of the English court, pending the resolution of related arbitration proceedings regarding the debts underlying those guarantees: Stemcor UK Ltd v Global Steel … Continue reading

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Filed under Jurisdiction

Choice of English law / jurisdiction will not always mean a dispute will be heard in England and English law applied

Two recent Court of Appeal decisions are a reminder that an exclusive English jurisdiction clause and choice of English law clause will not always ensure that any disputes are heard in England and that English law is applied. In the … Continue reading

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Filed under Choice of law, Jurisdiction