Jurisdiction

High Court provides guidance on waiver of sovereign immunity

In a recent decision, the High Court considered the scope of sovereign immunity provided by section 1 of the State Immunity Act 1978 (the “1978 Act“): High Commissioner for Pakistan In the United Kingdom v National Westminster Bank [2015] EWHC 55 (Ch). … Continue reading

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Contracts with consumers – where can a business sue and be sued?

Where a business has directed its activities to an EU member state in which a consumer is domiciled, two consequences follow: (i) it can generally only sue the consumer in that member state; and (ii) the consumer can choose to … Continue reading

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Recast Brussels Regulation applies to proceedings commenced from today onwards

The recast Brussels Regulation introduces significant changes to the EU rules on jurisdiction and the enforcement of judgments for proceedings commenced from today, 10 January 2015 (Regulation (EU) 1215/2012). The key practical implications for parties based both within and outside the … Continue reading

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New EU jurisdiction rules apply from 10 January: Do you know where you can sue and be sued?

New EU rules on jurisdiction and the enforcement of judgments will apply to proceedings commenced from 10 January 2015, in the form of the recast Brussels Regulation (Regulation (EU) 1215/2012). Though similar in most respects to the original version of … Continue reading

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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

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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

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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

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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

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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

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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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