Jurisdiction

Our new “Handy client guide to jurisdiction under recast Brussels Regulation: England and Wales”

In light of the upcoming changes to the EU rules governing jurisdiction and the enforcement of judgments, which will apply to proceedings commenced from 10 January 2015, we have published a new client guide to the English court’s jurisdiction under the … Continue reading

Leave a Comment

Filed under Announcements, Jurisdiction

Upcoming webinar – The recast Brussels Regulation: what it means for commercial parties

The EU rules governing jurisdiction and enforcement of judgments will change significantly from 10 January 2015, when the recast Brussels Regulation (No 1215/2012) will apply in place of the current regime.  On Wednesday 19 November, at 12.45 – 1.45pm GMT, … Continue reading

Leave a Comment

Filed under Announcements, Jurisdiction

US appeals court limits extra-territorial application of anti-fraud provisions of US securities laws

A recent decision of the US Court of Appeals for the Second Circuit has refused to impose liability under § 10(b) of the Securities Exchange Act of 1934 on foreign (non-US) defendants for losses incurred by the plaintiffs in securities-based … Continue reading

Leave a Comment

Filed under Jurisdiction

Court of Appeal finds foreign subsidiary not domiciled in England under Brussels Regulation

The Court of Appeal has held that the South African subsidiary of an English parent did not have its central administration in England and was therefore not domiciled in England under the Brussels Regulation: Young v Anglo American South Africa … Continue reading

Leave a Comment

Filed under Jurisdiction

US: Herbert Smith Freehills obtains important decision for non-US banks which maintain a branch office in New York

In a case of first impression in the New York state courts – Gliklad v. Bank Hapoalim, B.M., No. 155195/2014 (N.Y. Sup. Ct. N.Y. Cnty. Aug. 11, 2014) – the New York Supreme Court has held that maintaining a branch office in … Continue reading

Leave a Comment

Filed under Jurisdiction, Miscellaneous

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

Leave a Comment

Filed under Damages, Jurisdiction

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

1 Comment

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

Leave a Comment

Filed under Enforcement, Jurisdiction

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

Leave a Comment

Filed under Announcements, Contract, Jurisdiction

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

Leave a Comment

Filed under Jurisdiction