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The English High Court has struck out the claims of over 200,000 claimants against two companies in the BHP Group (domiciled in England and Australia respectively) arising out of the collapse of the Fundão Dam in Brazil in 2015. Mr Justice Turner struck out the claims as an abuse of process in light of concurrent … Read more
The Civil Procedure Rule Committee has, in principle, agreed an amendment to the rules governing service out of the jurisdiction after the end of the Brexit transition period. The amendment will remove the need for the court’s permission to serve out where the claim falls within a choice of court agreement in favour of the … Read more
In the run up to the end of the Brexit transition period, we have produced a series of webinar videos which cover some of the key issues businesses face as they prepare for 1 January 2021, whether or not there is a new UK/EU trade deal. In addition to the webinar on jurisdiction and enforcement … Read more
On 27 August 2020, the European Commission published a Notice to Stakeholders setting out the rules that, in the Commission’s view, will apply in the field of civil justice and private international law once the Brexit transition period comes to an end on 31 December 2020 – assuming no other agreement is reached. At that … Read more
The Court of Appeal has held, by a majority, that direct damage in the jurisdiction is not required in order for a claim to come within the tort jurisdictional gateway in the CPR: FS Cairo (Nile Plaza) LLC v Christine Brownlie [2020] EWCA Civ 996. In doing so it followed obiter comments made by the … Read more
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
The High Court has held that s.236 of the Insolvency Act 1986 (“IA 1986”) does not have extra-territorial effect, so that the court is not generally permitted to make an order requiring a person outside the UK to produce books and papers and give an account of their dealings with an insolvent company: Re Akkurate … Read more
On 19 June 2020, a new Russian federal law will come into force which provides for the Russian state arbitrazh (commercial) courts to have exclusive jurisdiction over disputes involving Russian sanctioned individuals and entities as well as foreign entities controlled by them. Even if the parties have agreed to the jurisdiction of a foreign court … 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
