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The High Court has held that the English court will only have jurisdiction against a co-defendant under article 8(1) of the recast Brussels Regulation where a merits test against the anchor defendant has been satisfied: Senior Taxi Aereo Executivo Ltda v Agusta Westland S.p.A [2020] EWHC 1348 (Comm). In doing so, it largely followed obiter … Read more
Anna Pertoldi has published a video for Practical Law in which she discusses the issues to consider when choosing a jurisdiction clause during the Brexit transition period. The video considers the advantages and disadvantages of exclusive, asymmetric and non-exclusive jurisdiction clauses during the transition period, as well as other possible clauses and the key points … Read more
On 8 April 2020, the UK submitted its application to accede to the 2007 Lugano Convention on jurisdiction and the recognition and enforcement of judgments, in accordance with the UK government’s previous statements of intention. Lugano currently applies as between the EU (including the UK, until the Brexit transition period comes to an end – … Read more
Anna Pertoldi has published a video for Practical Law in which she considers jurisdiction and enforcement of judgments during and after the Brexit transition period. The video discusses the current legal position and considers the practical implications for both jurisdiction and enforcement of judgments, as well as the practical implications of the agreements that might … Read more
In the latest episode of our Brexit podcast series, Anna Pertoldi and Maura McIntosh look at the implications of Brexit for choice of law, jurisdiction and the enforcement of judgments, looking first at the position during the transition period to the end of December 2020 and then considering what will happen once that period comes … Read more
The High Court has held that proceedings were time barred where the claim form was issued in the English courts before the expiry of the applicable Greek limitation period, but was not served until after that period had expired: Pandya v Intersalonika General Insurance Company SA [2020] EWCH 273 (QB). Whether proceedings had been brought … Read more
We are pleased to release the latest issue of our periodic publication “Cross-Border Litigation”, designed to highlight legal and practical issues specific to litigation with an international aspect. Topics covered in this issue include: Spotlight on recent developments The new Hague Judgments Convention: A potential gamechanger (eventually) Obtaining evidence from US-connected entities: US court widens … Read more
As noted in our previous blog post, where English legal proceedings are started before the Brexit transition period comes to an end, most likely on 31 December 2020, a judgment obtained pursuant to those proceedings will be readily enforceable in the EU under the recast Brussels Regulations. After that, the position depends, in part, on … Read more
It now seems inevitable that the UK will leave the EU on 31 January 2020 at 11pm GMT under the terms of the Withdrawal Agreement concluded between the UK and the EU on 19 October 2019. In this post, we consider the implications for commercial litigation involving the English courts, both during the transition period … Read more
