Tag Archives: 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 Collective 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
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
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
Filed under Jurisdiction, Service, Tort
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
Filed under Jurisdiction
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
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
Filed under Jurisdiction
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
Filed under Choice of law, Courts, Disclosure, Enforcement, Fraud, Jurisdiction