Tag Archives: Jurisdiction
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
Filed under Enforcement, Jurisdiction
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
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
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
Filed under Enforcement, Jurisdiction
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
Filed under Enforcement, Judgments/Orders, Jurisdiction
Brexit “no deal” notice on jurisdiction and enforcement of judgments
As part of its second batch of “no deal” technical notices, the government has today published a guidance notice entitled: Handling civil legal cases that involve EU countries if there’s no Brexit deal. The notice 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