Jurisdiction

Supreme Court holds English court has jurisdiction over tort claim where conspiracy hatched in England

The Supreme Court has held that the place of the event giving rise to damage in a claim alleging the tort of conspiracy to injure by unlawful means is where the conspiratorial agreement was made. As that was England, the … Continue reading

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Filed under Jurisdiction, Tort

High Court finds there is no power to stay in favour of prior proceedings in non-EU court where there is an English non-exclusive jurisdiction agreement

The High Court has held that where there was a non-exclusive jurisdiction clause in favour of an EU member state (England), and proceedings were commenced first in a non-member state (the Isle of Man), the English court had no power … Continue reading

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Filed under Contract, Jurisdiction

Choice of law, jurisdiction and enforcement of judgments post-Brexit: No surprises in EU’s draft withdrawal agreement

So far as choice of law, jurisdiction and enforcement of judgments are concerned, the EU’s draft withdrawal agreement, published last week, is largely consistent with its previously declared negotiating position, as set out in its June 2017 position paper outlined … Continue reading

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Filed under Choice of law, Enforcement, 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