Reforms to Brussels Regulation now finalised

On 6 December the Council of EU Justice Ministers adopted proposed reforms to Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Brussels Regulation). The changes had been proposed by the European Commission in December 2010 (see post) but were significantly revised before being approved … Read more

Supreme Court clarifies “commercial purposes” exception to state immunity

The Supreme Court has clarified the scope of the exception to immunity under the State Immunity Act 1978 for property held by a state which is “in use or intended for use for commercial purposes”, an issue that has important practical implications both for states and for parties seeking to enforce judgments against assets held … Read more

Privy Council rules on the liability of state-owned corporations for debts of the state

A recent Privy Council decision clarifies the principles regarding enforcement of state debts against state-owned entities. Creditors of states are unlikely to be able to enforce against the assets of state-owned companies save in “quite extreme circumstances”: La Générale des Carrières et des Mines v FG Hemisphere Associates LLC [2012] UKPC 27. Click here to … Read more

Government’s proposals to encourage ADR in smaller disputes

The government response has been published to its consultation on “Solving disputes in the County Courts: creating a simpler, quicker and more proportionate system”, which asked for views on compulsory mediation information sessions, automatic referral to mediation, and extension of the provisions in the Mediation Directive to domestic disputes. The proposals the government intends to … Read more

Court of Appeal upholds pro-arbitration decision in West Tankers

In an eagerly awaited judgment, the Court of Appeal has upheld the High Court’s decision to enforce a declaratory arbitral award under section 66 of the English Arbitration Act 1996: West Tankers Inc v Allianz SPA & Generali Assicurazione Generali SPA [2012] EWCA Civ 27. Enforcement under section 66 allows a judgment to be entered in the terms … Read more

Court of Appeal takes broad view of “control” for disclosure purposes

The Court of Appeal has held that in determining whether documents in the possession of a third party are in a litigant’s control, and therefore fall within its disclosure obligations, the court must have regard to the true nature of the relationship between the litigant and the third party. Where there was reasonable ground to … Read more