Jurisdiction

High Court considers interaction between recast Brussels Regulation, Insolvency Regulation and schemes of arrangement

A recent judgment of the High Court will serve to remind minority, overseas creditors of any company having a substantial connection with England that their debtor’s liabilities could be compromised, restructured or reduced through a scheme of arrangement in England: … Continue reading

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New “gateways” for serving proceedings on defendants out of the jurisdiction at common law

The circumstances in which English proceedings can be served on non-EU domiciled defendants who have no presence in England and Wales will be expanded significantly from 1 October, with the introduction of new “gateways” for service out of the jurisdiction … Continue reading

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Court of Appeal grants anti-suit injunction restraining US proceedings brought against employee by US parent company under exclusive US jurisdiction agreement

The Court of Appeal has given a wide interpretation to the meaning of ’employer’ in the recast Brussels Regulation (No 1215/2012), holding that a company which provides benefits to employees of associated group companies may be regarded as an employer … Continue reading

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A company can be sued in the claimant’s domicile where there is a direct claim also against the liability insurer

The Court of Appeal has held that a claimant could bring a claim in tort against a Spanish hotel company in England, the claimant’s domicile, where the claimant also had a direct claim here against the company’s insurer. There was … Continue reading

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Court of Appeal holds direct damage in England required for permission to serve tort claim outside the jurisdiction

The Court of Appeal has held that direct damage in the jurisdiction is required to come within the tort jurisdictional gateway in the CPR, effectively overruling earlier first instance decisions that indirect or consequential damage was sufficient: Lady Christine Brownlie … Continue reading

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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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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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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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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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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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