Jurisdiction

Court of Appeal confirms English Court lacks jurisdiction over claims against UK domiciled parent company in relation to acts of subsidiary abroad

The Court of Appeal has held that the English court does not have jurisdiction to hear claims against two companies in the Shell group (domiciled in the UK and Nigeria respectively) relating to alleged pollution in the Niger Delta in … Continue reading

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Filed under Collective actions, Jurisdiction, Tort

Supreme Court considers that there is no requirement of direct damage in England for permission to serve tort claim outside the jurisdiction at common law

The Supreme Court has found, by a majority and in obiter comments, that direct damage in the jurisdiction is not required to come within the tort jurisdictional gateway in the CPR, disagreeing with the Court of Appeal: Lady Christine Brownlie … Continue reading

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Filed under Jurisdiction, Service, Tort

High Court decision may make it more difficult to bring claims against foreign parties under section 423 Insolvency Act (transactions defrauding creditors)

The High Court has held that a claim by a creditor under section 423 of the Insolvency Act 1986 does not fall within the jurisdictional gateway permitting service out of the jurisdiction at common law for claims “under an enactment … Continue reading

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Filed under Jurisdiction, Miscellaneous

Supreme Court confirms that the situs of a debt due under a letter of credit is the location of the issuer

In a departure from previous authority, the Supreme Court has confirmed that the situs of a debt created by a letter of credit is the place of residence of the issuing bank: Taurus Petroleum Limited v State Oil Marketing Company … Continue reading

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Article published – Don’t forget: the Recast Brussels Regulation can apply to non-EU defendants

It is easy to fall into the trap of thinking that the Brussels jurisdiction regime applies to EU domiciled defendants and the common law rules apply to everyone else, so that you need the court’s permission to serve proceedings on … Continue reading

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Filed under Announcements, Jurisdiction

Court of Appeal clarifies approach to exclusive jurisdiction provisions of Brussels regime relating to validity of corporate decisions

The Court of Appeal has held that the English courts had exclusive jurisdiction to hear a claim brought by an English subsidiary company against Turkish domiciled defendants including its parent company: Koza Ltd & Anor v Akcil & Ors [2017] … Continue reading

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Cross-Border Litigation – international perspectives

We are pleased to publish the second issue of our periodic publication “Cross-Border Litigation”, designed to highlight legal and practical issues specific to litigation with an international aspect. Tapping into the expertise of the firm’s leading commercial litigators across the globe, the … Continue reading

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Filed under Choice of law, Courts, Disclosure, Enforcement, Fraud, Jurisdiction

PRC signs up to Hague Convention on Choice of Court Agreements

On 12 September 2017, the People’s Republic of China (PRC) signed the Hague Convention on Choice of Court Agreements. The Convention provides greater certainty in cross-border litigation by increasing the effectiveness of exclusive jurisdiction clauses. In essence, it provides that courts of … Continue reading

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Recast European Insolvency Regulation introduces new jurisdiction rules for insolvency-related claims

As a result of the Recast European Insolvency Regulation (“REIR”), which applies to insolvency proceedings commenced since 26 June this year, insolvency practitioners in EU Member States have been given more freedom to commence insolvency-related claims in jurisdictions other than … Continue reading

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Filed under Jurisdiction, Miscellaneous

Court of Appeal considers that merits of claim against anchor defendant are relevant in establishing jurisdiction under Brussels Regulation against co-defendants domiciled in member states

In a recent decision, a majority in the Court of Appeal held, obiter, that the courts should consider the merits of a claim against an “anchor defendant” when exercising their ancillary jurisdiction under Article 6(1) of the Brussels Regulation 44/2001 … Continue reading

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