Tag Archives: Jurisdiction
Brexit “no deal” note on jurisdiction and enforcement of judgments
As part of its second batch of “no deal” technical notices, the government has today published a guidance note entitled: Handling civil legal cases that involve EU countries if there’s no Brexit deal. The note contains little that was not … Continue reading
Filed under Choice of law, Jurisdiction
New podcast – English governing law and jurisdiction clauses after Brexit
On the new Herbert Smith Freehills Podcast channel, Anna Pertoldi, Maura McIntosh and Tom Henderson discuss what businesses need to know about the impact of Brexit on their continued use of English governing law clauses and English jurisdiction clauses in their … Continue reading
Filed under Choice of law, Jurisdiction
Court of Appeal finds ISDA jurisdiction clause trumps ‘theoretically competing’ clause in separate agreement governing wider relationship
Consistent with recent authority, the Court of Appeal has given primacy to an English jurisdiction clause in an ISDA Master Agreement (overturning the first instance decision that had declined to do so), in circumstances where there was a “theoretically competing” … Continue reading
Filed under Jurisdiction
Court of Appeal re-opens gateway for service of claims against foreign parties in respect of transactions defrauding creditors
Disagreeing with the High Court, the Court of Appeal has ruled that a claim by a creditor under section 423 of the Insolvency Act 1986 falls within the jurisdictional gateway permitting service out of the jurisdiction at common law for … Continue reading
Filed under Jurisdiction
Court of Appeal gives wide interpretation to common law gateways for service out of the jurisdiction
The Court of Appeal has given a wide interpretation to the interaction between the “necessary or proper party” gateway and the relatively new gateway permitting claims against the same defendant arising out of the same or closely connected facts (gateway … Continue reading
Filed under Jurisdiction, Service
High Court holds ISDA jurisdiction clause trumps competing jurisdiction clause in separate but related agreement
In a recent decision, the High Court found that the jurisdiction clause in a 1992 ISDA Master Agreement was effective over a ‘competing’ jurisdiction clause in a separate but related agreement between the same parties. This was despite a provision … Continue reading
Filed under Jurisdiction
Holding company liability for acts of a subsidiary: Court of Appeal finds English court lacks jurisdiction on basis no duty of care owed
In the latest in a line of jurisdiction rulings in cases of so-called “class action tourism”, the Court of Appeal has held that the English court does not have jurisdiction to hear tortious claims against two companies in the Unilever … Continue reading
Filed under Class actions, Jurisdiction, Tort
Denmark joins Hague Convention on Choice of Court Agreements
On 30 May 2018, Denmark deposited its instrument of accession to the Hague Convention on Choice of Court Agreements, which means that the Convention will apply to all EU member states from 1 September 2018, as well as to Mexico and Singapore. The … Continue reading
Filed under Jurisdiction
Dispute resolution clauses: Putting yourself in the best position
All too often, dispute resolution clauses may be treated as part of the boilerplate: the usual wording thrown in, with perhaps little thought for the particular circumstances. But the question of how a dispute will be resolved – whether by … Continue reading
Filed under ADR, Choice of law, Contract, 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
Filed under Jurisdiction, Tort