Tag Archives: International litigation

Court of Appeal gives guidance on how to apply jurisdiction test laid down by Supreme Court

The Court of Appeal has considered how the test for establishing English jurisdiction should be applied where there is a dispute over the facts relevant to jurisdiction: Kaefer Aislamientos SA de CV v AMS Mexico SA de CV [2019] EWCA … Continue reading

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Filed under Jurisdiction

Article published – No-deal Brexit and disputes: what do parties need to know?

If the UK leaves the EU without a deal on 29 March, what impact will that have on court proceedings? Different questions arise depending on the stage reached in the disputes process. Anna Pertoldi has published a post on Practical Law’s … Continue reading

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Filed under Choice of law, Enforcement, Jurisdiction

Application of the Brussels regime post-Brexit

The government has published a draft statutory instrument addressing, among other things, the question of how the UK courts will, post-Brexit, treat questions of jurisdiction involving EU member states and the enforcement of judgments given by EU member state courts, assuming … Continue reading

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UK deposits instrument of accession to Hague Convention on Choice of Court Agreements

On 28 December 2018, the UK deposited its instrument of accession to the Hague Convention on Choice of Court Agreements 2005. The Convention will therefore come into force for the UK on 1 April 2019, in accordance with article 31 … Continue reading

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Brexit, deal or no deal: a litigator’s perspective

Over the past couple of weeks, the government has published the final text of the draft Withdrawal Agreement setting out the arrangements for the UK’s withdrawal from the EU on 29 March 2019 and the draft Political Declaration on the future relationship between the … Continue reading

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Filed under Choice of law, Enforcement, Jurisdiction

CJEU finds abuse of dominance claims may come within jurisdiction clause

The European Court of Justice (CJEU) has ruled that a jurisdiction clause could apply to claims alleging abuse of a dominant position, contrary to article 102 TFEU, even if the clause did not expressly refer to claims based on competition … Continue reading

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Filed under Contract, Jurisdiction

Applying the Hague Choice of Court Convention post-Brexit

The government has set out how it plans, in the event of a “no deal” Brexit, to ensure that the UK will continue to apply the Hague Choice of Court Convention, which currently applies to the UK by virtue of its … Continue reading

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Filed under Enforcement, Jurisdiction

Service Regulation and Taking of Evidence Regulation will cease to apply post-Brexit

The government has published a draft statutory instrument, the Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 2018, which will mean that the EU Service Regulation (1393/2007) and Taking … Continue reading

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Filed under Evidence, Service

High Court finds exclusive jurisdiction provisions in recast Brussels Regulation only apply to EU Domiciled defendants

The High Court has held that article 24(5) of the recast Brussels Regulation, which gives exclusive jurisdiction to the court where a judgment is to be enforced, does not apply where a defendant is domiciled outside of the EU: Integral … Continue reading

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Filed under Enforcement, Judgments/Orders, Jurisdiction

Court of Appeal holds no permission required to serve committal application on director out of the jurisdiction, where the court had jurisdiction to make the original order against him

The Court of Appeal has held that, where a court had jurisdiction to make an order for examination of a company director based on his presence in the jurisdiction, permission to serve out of the jurisdiction was not required for … Continue reading

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Filed under Enforcement, Jurisdiction