The High Court has rejected an argument that a defendant submitted to the jurisdiction by applying to strike out the claim against him at the same time as challenging jurisdiction: PJSC Bank “Finance and Credit” v Zhevago [2021] EWHC 2522 (Ch). The court considered two tests set out in the authorities to determine whether a … Read more

The High Court has rejected a challenge to its jurisdiction brought by a defendant who was found to be domiciled in England, and who was also a party to ongoing Ukrainian insolvency proceedings: WWRT Ltd v Tyshchenko [2021] EWHC 939 (Ch). The court found that, since the court had jurisdiction based on the defendant’s domicile … Read more

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

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

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

The Court of Appeal has held that the English court had no power under article 33 of the recast Brussels Regulation to stay in favour of prior proceedings commenced in New Jersey, where the English court had jurisdiction under a non-exclusive jurisdiction clause. It made no difference that, absent the clause, the court would have … Read more

The European Commission has presented a “note verbale” to the Swiss Federal Council as Depositary of the Lugano Convention regarding the UK’s application to accede to the Convention, submitted on 8 April 2020. This states that: “The European Commission, representing the European Union, would like to notify to you that the European Union is not … Read more

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