Supreme Court confirms wide interpretation of “damage” for the purposes of the common law jurisdictional gateway for tort claims and clarifies when English law may apply to foreign law claims

The Supreme Court has held in the context of a personal injury claim (Lord Leggatt dissenting) that direct damage in the jurisdiction is not required in order for a claim to come within the tort jurisdictional gateway in the CPR, so that permission can be granted to serve the proceedings on a defendant outside the … Read more

High Court rejects jurisdiction challenge on the basis that claim regarding contractual obligation to provide information did not derive from French insolvency proceedings

The High Court has ruled that a claim for a declaration regarding a borrower’s obligations to provide information under a facility agreement was not a claim which itself derived from borrower’s French insolvency proceedings for the purposes of Article 6(1) of the Recast European Insolvency Regulation (EU) 2015/848 (the “Recast Insolvency Regulation”). As a result, … Read more

High Court finds common law “necessary or proper party” gateway for service out of the jurisdiction does not apply when the anchor defendant has voluntarily submitted to the court’s jurisdiction

The High Court has held that the “necessary or proper party” gateway contained in CPR Practice Direction 6B, paragraph 3.1(3) does not apply when the anchor defendant has voluntarily submitted to the court’s jurisdiction: ID v LU and BZ [2021] EWHC 1851 (Comm). In a case in which none of the parties were domiciled or … Read more

Proposal for EU to join 2019 Hague Judgments Convention

The European Commission has adopted a proposal for the EU to accede to the 2019 Hague Judgments Convention, an international treaty which is aimed at facilitating the mutual recognition and enforcement of judgments in civil and commercial matters. In order for the EU to join the Convention, the Commission’s proposal will have to be adopted … Read more

European Commission recommends that EU reject UK bid to join Lugano Convention

The European Commission has today released its anticipated communication to the European Parliament and the Council confirming the Commission’s view that the EU should not consent to the UK’s application to accede to the Lugano Convention. If this position is reflected in the EU’s formal response to the UK’s application, the UK will not be … Read more