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Standard Bank London Ltd v Apostolakis and Another: ComC 9 Feb 2001

Banking and financial services – conflict of laws – contract – anti-suit injunction – unfair contract terms – defendants signed foreign exchange margin trading agreement in greece – proceedings in greece and england – agreement contained english jurisdiction clause but defendants acted as consumers – defendants entitled to bring proceedings in greece despite jurisdiction clause … Continue reading Standard Bank London Ltd v Apostolakis and Another: ComC 9 Feb 2001

In re Stanford International Bank Ltd and Others: ChD 3 Jul 2009

Sir Andrew Morritt explained the relationship of the Regulation, the Model Law, and the still earlier European Convention on Insolvency Proceedings: ‘To understand the arguments and explain my conclusion it is necessary to consider the evolution of both the Insolvency Proceedings Regulation and UNCITRAL. Both were preceded by the European Convention on Insolvency Proceedings. Its … Continue reading In re Stanford International Bank Ltd and Others: ChD 3 Jul 2009

Bols Distilleries VB (T/A As Bols Royal Distilleries) and Another v Superior Yacht Services Ltd: PC 11 Oct 2006

(Gilbraltar) The parties disputed the management contract for a racing yacht, and also the juridiction of the Supreme Court of Gibraltar to hear the case. Bols said that under regulation 2(1) Gibraltar had no jurisdiction. Held: The English court had jurisdiction by virtue of the clear agreement of the parties. That parts of the agreement … Continue reading Bols Distilleries VB (T/A As Bols Royal Distilleries) and Another v Superior Yacht Services Ltd: PC 11 Oct 2006

Casio Computer Co Ltd v Sayo and others: CA 11 Apr 2001

The court was asked whether a constructive trust claim based on dishonest assistance is a matter ‘relating to tort, delict or quasi delict’ for the purpose of Article 5(3) of the Brussels Convention? Held: A constructive trust claim based upon dishonest assistance is within the scope of Article 5(3). The loss took place where the … Continue reading Casio Computer Co Ltd v Sayo and others: CA 11 Apr 2001

Molins Plc v G D Spa: ChD 24 Feb 2000

In a dispute between an Italian company and British one, each sought to have the case heard in its own country. The British company asserted that the case begun in Italy had been begun after at best misrepresentation by the other company, and sought an injunction preventing its being heard in Italy. The UK court … Continue reading Molins Plc v G D Spa: ChD 24 Feb 2000

Krombach v Bamberski: ECFI 30 Mar 2000

Normally a court within the European community could not refuse to enforce a judgment of another members state. It could do so however where the judgment had been obtained by virtue of a procedure which denied the right of a defendant to appear other than in person, and where the judgment had, accordingly been entered … Continue reading Krombach v Bamberski: ECFI 30 Mar 2000

Starlight Shipping Co v Allianz Marine and Aviation Versicherungs Ag and Others: CA 20 Dec 2012

The Alexander T, owned by the appellant and insured by the respondents was a total loss. The insurers resisted payment, the appellant came to allege improperly, and the parties had settled the claim on full payment under a Tomlin Order. The owners later began proceedings in Greece claiming what the defendants said were the same … Continue reading Starlight Shipping Co v Allianz Marine and Aviation Versicherungs Ag and Others: CA 20 Dec 2012

Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011

The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment against the respondent in the US for punitive damages, but these had not been collected, and … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011

Jordan Grand Prix Limited v Baltic Insurance Group and others: CA 24 Oct 1997

A counterclaim by insurers had to be limited to the original defendants. There is no jurisdiction to join additional third parties who were not within the jurisdiction. Citations: Gazette 12-Nov-1997, Times 14-Nov-1997, Gazette 14-Jan-1998, [1997] EWCA Civ 2567, [1998] 3 All ER 418, [1998] 1 WLR 1049 Links: Bailii Statutes: Brussels Convention 1968 Art 11 … Continue reading Jordan Grand Prix Limited v Baltic Insurance Group and others: CA 24 Oct 1997

Continental Bank Na v Aeakos Compania Naviera Sa and Others: CA 26 Nov 1993

The Bank was entitled to an injunction in the UK, by virtue of the jurisdiction given in their agreement, even though it was not the UK court which was first seised of the matter. Steyn LJ said: ‘. . a claim for damages for breach of contract would be a relatively ineffective remedy. An injunction … Continue reading Continental Bank Na v Aeakos Compania Naviera Sa and Others: CA 26 Nov 1993

Yeda Research and Development CoLtd v Rhone -Poulenc Rorer International (Holdings) Inc and Imclone Systems Inc (Patent): IPO 17 Jun 2005

IPO Following the filing of a reference and statement by the claimant, the defendants (the proprietor and its exclusive licensee) in May 2004 sought a stay to await the outcome, initially of EPO opposition proceedings, but then when these were suspended, until the decision at first instance in parallel US entitlement proceedings expected to be … Continue reading Yeda Research and Development CoLtd v Rhone -Poulenc Rorer International (Holdings) Inc and Imclone Systems Inc (Patent): IPO 17 Jun 2005

In re The Alexandros T: SC 6 Nov 2013

The parties had disputed insurance claims after the foundering of the Alexandros T. After allegations of misbehaviour by the underwriters, the parties had settled the claims in a Tomlin Order. Five years later, however, the shipowners began proceedings in Greece making substantially similar allegations and claims, but under the equivalent in Greek law. In response … Continue reading In re The Alexandros T: SC 6 Nov 2013

Maersk Olie and A/S v Firma M De Haan (Brussels Convention): ECJ 14 Oct 2004

Europa Brussels Convention – Proceedings to establish a fund to limit liability in respect of the use of a ship – Action for damages – Article 21 – Lis pendens – Identical parties – Court first seised – Identical subject-matter and cause of action – None – Article 25 – ‘Judgment’ – Article 27(2) – … Continue reading Maersk Olie and A/S v Firma M De Haan (Brussels Convention): ECJ 14 Oct 2004

Gantner Electronic GmbH v Basch Exploitatie Maatschappij BV: ECJ 8 May 2003

The dutch based claimant sought damages for wrongful termination of what it said was a long-term contract. The claimant in Austria claimed the price of goods sold and delivered pursuant to a number of one-off contracts to which the defendant (claimant in Holland) responded by setting off a counterclaim for breach of the long-term contract. … Continue reading Gantner Electronic GmbH v Basch Exploitatie Maatschappij BV: ECJ 8 May 2003

Casio Computer Company Ltd v Sayo and others: CA 13 Dec 2001

Applications for leave to appeal. Judges: Potter LJ, Rix LJ Citations: [2001] EWCA Civ 2085 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Casio Computer Co Ltd v Sayo and others CA 11-Apr-2001 The court was asked whether a constructive trust claim based on dishonest assistance is a matter ‘relating to tort, delict … Continue reading Casio Computer Company Ltd v Sayo and others: CA 13 Dec 2001

High Tech International Ag and others v Deripaska: QBD 20 Dec 2006

The clamants brought actions for damages for torts said to have been committed by the defendants in Russia. They said that the defendant was domiciled within the jurisdiction under the EU Regulation. Held: Domicile for the issue of jurisdiction is now governed by the 1982 Act. It would not be realistic to describe the defendant … Continue reading High Tech International Ag and others v Deripaska: QBD 20 Dec 2006

Motorola Credit Corporation v Uzan and others (No 2): CA 12 Jun 2003

World-wide freezing orders had been made under the 1982 Act. The defendants were members of a Turkish family with substantial business interests in the telecommunications industry. In breach of orders made in the US some defendants had sought to hide their assets. They had failed to respond as required to orders to disclose their assest, … Continue reading Motorola Credit Corporation v Uzan and others (No 2): CA 12 Jun 2003

Owusu v Jackson, Mammee Bay Resorts Limited etc: CA 19 Jun 2002

Defendants appealed against an order refusing an order to restrain service of the proceedings on certain defendants outwith the jurisdiction. The claimant was seriously injured holidaying at a resort managed by the several defendants in Jamaica in various ways. The defendants argued that the proper forum was Jamaica. Held: The decision as to forum conveniens … Continue reading Owusu v Jackson, Mammee Bay Resorts Limited etc: CA 19 Jun 2002

Mazur Media Limited and Another v Mazur Media Gmbh in Others: ChD 8 Jul 2004

Proceedings were brought in England. The respondents sought a stay, saying the company was subject to insolvency proceedings in Germany. Held: Our domestic insolvency law was not applicable to foreign proceedings, and so could not be used to order a stay of proceedings here. (a) the English court has jurisdiction to determine Apex’s claim for … Continue reading Mazur Media Limited and Another v Mazur Media Gmbh in Others: ChD 8 Jul 2004

Wim Harry Gerard Maronier v Bryan Larmer: CA 29 May 2002

The defendant had been a dentist in the Netherlands. An action for damages was begun against him, but then stayed. Judgment was later entered in the Netherlands after he had moved to the UK, and of which he was ignorant. There was no subsisting right of appeal. The claimant sought to enforce the judgement here. … Continue reading Wim Harry Gerard Maronier v Bryan Larmer: CA 29 May 2002

Olafsson v Foreign and Commonwealth Office: QBD 22 Oct 2009

The claimant sought damages after the defendant had negligently failed to arrange for the service of the claimant’s defamation proceedings on a defendant in Iceland leaving the action time barred. Held: The Claimant had not acted unreasonably in seeking to recover his loss and, in particular, in respect of the judgment and costs awarded in … Continue reading Olafsson v Foreign and Commonwealth Office: QBD 22 Oct 2009

Kinnear and Others v Falconfilms Nv and Others: QBD 27 Jan 1994

The deceased had died in an accident whilst filming in Spain for the defendants. The plaintiff personal representatives sought damages here, while the defendants denied that the court had jurisdiction under the 1968 Convention, and said that the death actually occurred as a consequence of the negligence of his medical treatment in Spain. Judges: Phillips … Continue reading Kinnear and Others v Falconfilms Nv and Others: QBD 27 Jan 1994

Grovit v De Nederlandsche Bank Nv and Others: CA 24 Jul 2007

The claimants sought damages in defamation in respect of a letter faxed by the first defendant to the other defendants in London. The first defendant said that it had state immunity, and the other claimed similar benefits acting as the bank’s employees. The claimant now appealed against his action being struck out for lack of … Continue reading Grovit v De Nederlandsche Bank Nv and Others: CA 24 Jul 2007

Alfred Dunhill Ltd v Diffusion Internationale De Maroquinerie De Prestige Sarl: QBD 1 Feb 2001

The words of Article 5(3) are to be given an autonomous meaning and are not to be interpreted by reference to the definition of a cause of action under the particular national law concerned. Judges: Rokison QC J Citations: [2001] EWHC 2002 (QB), [2001] CLC 949, [2002] ILPr 1, [2002] 1 All ER (Comm) 950 … Continue reading Alfred Dunhill Ltd v Diffusion Internationale De Maroquinerie De Prestige Sarl: QBD 1 Feb 2001

Ilsinger v Martin Dreschers: ECJ 11 Sep 2008

ECJ (Area Of Freedom, Security and Justice) Regulation (EC) No 44/2001 Article 15 (1) (c) Jurisdiction over consumer contracts Promise of consumer gain Conclusion of a contract Consumer protection Continuity between the Brussels Convention and the Regulation (EC) No 44/2001 Citations: C-180/06, [2008] EUECJ C-180/06 – O Links: Bailii Jurisdiction: European Cited by: Opinion – … Continue reading Ilsinger v Martin Dreschers: ECJ 11 Sep 2008

Bristol Airport Plc and Another v Powdrill and Others: CA 21 Dec 1989

An airline company went into administration. The airport seized two airplanes. The administrators claimed they were property within the administration, could not be seized without a court order, and the court should exercise its discretion not to allow seizure. Held: The definition of property in the 1982 Act was wide enough to include leased property. … Continue reading Bristol Airport Plc and Another v Powdrill and Others: CA 21 Dec 1989

Kolden Holdings Ltd v Rodette Commerce Ltd and Another: CA 21 Jan 2008

Lawrence Collins LJ said: ‘For the purposes of article 27, the question whether the ‘same cause of action’ is raised before the courts of two member states is answered by looking at the claims made, and not at the defences raised at a later stage to those claims: Case C-11/01 Gantner Electronic GmbH v Basch … Continue reading Kolden Holdings Ltd v Rodette Commerce Ltd and Another: CA 21 Jan 2008

West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and others (The Front Comor): HL 21 Feb 2007

A ship had foundered, and the owners disputed their insurance claim. The policy provided for arbitration in London, and one party sought an order to prevent the other commencing proceedings in another EU state in breach of the arbitration agreement. Held: English authority and European thought differed, and the matter should be referred to the … Continue reading West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and others (The Front Comor): HL 21 Feb 2007

Vigreux v Michel and Another: CA 18 May 2006

The mother sought the return of her children to France. Her summons had been dismissed after balancing the policy of the Convention against the strength of the child’s objection to return together with certain welfare considerations. The discretionary balance was weighted against the making of a return order. Held: The appeal succeeded. The welfare considerations … Continue reading Vigreux v Michel and Another: CA 18 May 2006

Masri v Consolidated Contractors International (UK) Ltd: CA 24 Oct 2005

The defendants who were resident in Greece appealed a decision that the English court had jurisdiction over them, by virtue of a close connection of the matter with earlier proceedings heard here. Held: The fact that the defendants were all defendants in the earlier proeedings was what mattered. That these were new proceedings did not … Continue reading Masri v Consolidated Contractors International (UK) Ltd: CA 24 Oct 2005

Groupement d’interet economique (GIE) Reunion europeenne and Others v Zurich Espana, Societe pyreneenne de transit d’automobiles (Soptrans): ECJ 26 May 2005

ECJ Brussels Convention – Request for interpretation of Article 6(2) and the provisions of Section 3, Title II – Jurisdiction in matters relating to insurance – Third-party proceedings between insurers – Multiple insurance situation. Citations: C-77/04, [2005] EUECJ C-77/04 Links: Bailii Jurisdiction: European Commercial Updated: 30 June 2022; Ref: scu.225312

Shahar v Tsitsekkos and others: ChD 17 Nov 2004

The defendant wished to make a claim against another party outside the jurisdiction and was granted permission to serve documents which were headed ‘defence and counterclaim’. The proposed defendant argued that such a document could be served in this way. Held: The defendant should apply to the court for leave to add the party outside … Continue reading Shahar v Tsitsekkos and others: ChD 17 Nov 2004

Gourdain v Nadler: ECJ 22 Feb 1979

Brussels Convention. Bankruptcy and proceedings relating to the winding-up of insolvent companies or other legal persons. Action for making good the deficiency. – ‘it is necessary, if decisions relating to bankruptcy and winding-up are to be excluded from the scope of the Convention, that they must derive directly from the bankruptcy or winding-up’ Europa 1. … Continue reading Gourdain v Nadler: ECJ 22 Feb 1979

Nasser v United Bank of Kuwait: CA 11 Apr 2001

The claimant, a foreign resident, alleged that her jewels had been stolen from a deposit box while in possession of the defendants. The defendants sought security for costs. Held: An order for security may not legitimately be based on the bare fact of residence abroad, which would amount in most cases to discrimination on grounds … Continue reading Nasser v United Bank of Kuwait: CA 11 Apr 2001

Andrea Merzario Ltd v Internationale Spedition Leitner Gesellschaft Gmbh: CA 23 Jan 2001

Citations: [2001] EWCA Civ 61, [2001] 1 All ER (Comm) 883, [2001] CLC 643, [2002] ILPr 26, [2001] 1 Lloyd’s Rep 490 Links: Bailii Statutes: Convention for the International Carriage of Goods by Road 1956 31 Jurisdiction: England and Wales Citing: Overruled – Frans Maas Logistics (UK) Ltd v CDR Trucking BV ComC 23-Mar-1999 CMR … Continue reading Andrea Merzario Ltd v Internationale Spedition Leitner Gesellschaft Gmbh: CA 23 Jan 2001

Gascoigne v Pyrah: CA 26 Nov 1991

The court was concerned with conflicts between different jurisdictions dealing with related matters. Hirst LJ said: ‘Conflicting findings of fact, on the other hand, are virtually impossible to reconcile if different judges in different jurisdictions within the EEC, hearing and seeing different witnesses, reach different conclusions which have hinged on an assessment of the reliability … Continue reading Gascoigne v Pyrah: CA 26 Nov 1991

Turner v Grovit: ECJ 27 Apr 2004

The claimant had been employed as a solicitor by the respondent at locations across Europe, and came to claim in England that they had wrongly implicated him in unlawful activity. The company sought to issue proceedings in Spain. Held: The Brussels Convention was based upon trust and respect between contracting states. The Convention did not … Continue reading Turner v Grovit: ECJ 27 Apr 2004

Henderson v Jaouen and Another: CA 1 Feb 2002

The plaintiff had been injured in an accident and had sued and recovered damages for his injuries in France. Later, his condition deteriorated. In France he would have been able to revive his action to claim further damages, but he sought a similar right from an English Court, claiming a right to do so under … Continue reading Henderson v Jaouen and Another: CA 1 Feb 2002

Tavoulareas v Tsavliris: CA 5 Feb 2004

The court held that Greek proceedings required service for the purposes of establishing seisin, and therefore priority of jurisdiction. Mance LJ said: ‘Professor Antapassis says that, as a matter of Greek domestic law, the effect of art. 221 is that proceedings may be considered pending retrospectively from the date of filing of the writ, once … Continue reading Tavoulareas v Tsavliris: CA 5 Feb 2004

Prudential Assurance Co Ltd v Prudential Insurance Co of America: CA 12 Mar 2003

The need to avoid conflict between trade marks registered in more than one country within the community was not dealt with by the Directive, but regard had to taken of the Convention. The Cour d’Appel had issued a final judgment in proceedings for registration of the mark in France. Held: An English court was not … Continue reading Prudential Assurance Co Ltd v Prudential Insurance Co of America: CA 12 Mar 2003

Wermuth v Wermuth: CA 4 Feb 2003

The husband had commenced proceedings for divorce in Germany. The husband was German, and the wife became German upon the marriage, but they had lived in London. The wife was second to issue, beginning proceedings in London. The district judge recorded the parties’ agreement that the German court should be seized, save of article 12 … Continue reading Wermuth v Wermuth: CA 4 Feb 2003

Kenburn Waste Management Ltd v Bergmann: CA 30 Jan 2002

The claimant had failed to obtain an order under a compromise agreement ordering that a foreign resident was not to be contacted. Held: The place of performance of an obligation not to contact somebody under the Convention was the place of residence of the person who was not to be contacted, not that of the … Continue reading Kenburn Waste Management Ltd v Bergmann: CA 30 Jan 2002

Rudolf Gabriel: ECJ 11 Jul 2002

Europa Brussels Convention – Request for interpretation of Articles 5(1) and (3) and 13, first paragraph, point 3 – Entitlement of a consumer to whom misleading advertising has been sent to seek payment, in judicial proceedings, of the prize which he has apparently won – Classification – Action of a contractual nature covered by Article … Continue reading Rudolf Gabriel: ECJ 11 Jul 2002

Kenburn Waste Management Ltd v Bergmann: ChD 9 Jul 2001

By a contract, a party accepted an obligation not to contact persons in a certain country. When a breach was alleged, the question arose as to in which jurisdiction the breach had occurred. It was held that the obligation was a negative obligation and although it appeared to fall upon the person who agreed to … Continue reading Kenburn Waste Management Ltd v Bergmann: ChD 9 Jul 2001

Besix: ECJ 19 Feb 2002

Brussels Convention – Article 5(1) – Jurisdiction in matters relating to a contract – Place of performance of the obligation in question – Obligation not to do something, applicable without geographical limit – Undertakings given by two companies not to bind themselves to other partners when tendering for a public contract – Application of Article … Continue reading Besix: ECJ 19 Feb 2002

Sonntag v Waidmann, Waidmann and Waidmann: ECJ 21 Apr 1993

Europa 1. A claim for compensation for loss to an individual resulting from a criminal offence, even though made in the context of criminal proceedings, is civil in nature unless the person against whom it is made is to be regarded as a public authority which acted in the exercise of its powers. That is … Continue reading Sonntag v Waidmann, Waidmann and Waidmann: ECJ 21 Apr 1993

Reichert and Kockler v Dresdner Bank: ECJ 26 Mar 1992

The case concerned article 16(5) of the Brussels Convention, among other articles. Held: It is necessary to take account of the fact that the essential purpose of the exclusive jurisdiction of the courts of the place in which the judgment has been or is to be enforced is that it is only for the courts … Continue reading Reichert and Kockler v Dresdner Bank: ECJ 26 Mar 1992

Khaled Naser Hamoud Al-Sabah and Juan Jose Folchi Bonafonte v Grupo Torras SA: CA 2 Nov 2000

The court discussed the approach to be taken when asked to act upon evidence which it found to be unreliable, though the witness’s credibility had not been destroyed. In a claim for dishonest assistance it is not necessary to show a precise causal link between the assistance and the loss. Loss caused by the breach … Continue reading Khaled Naser Hamoud Al-Sabah and Juan Jose Folchi Bonafonte v Grupo Torras SA: CA 2 Nov 2000

QRS 1 APS and others v Frandsen: CA 21 May 1999

The appellants were all Danish companies put into liquidation for asset stripping in contravention of Danish law. The respondent was resident in the UK and had owned them. The Danish tax authorities issued tax demands and the liquidators now sought a similar sum in damages against the respondent. Held: An English court will not enforce … Continue reading QRS 1 APS and others v Frandsen: CA 21 May 1999

Baltic Insurance Group v Jordan Grand Prix Limited and Others and Quay Financial Software Limited and Others (By Counter Claim and One Other Action): HL 20 May 1998

The Brussels Convention requires an insurance company to commence a claim against an insured in the country in which it operates. This applies also to non-convention countries, and a counterclaim may not add a new party from another jurisdiction. Citations: Times 17-Dec-1998, [1998] UKHL 49; [1999] 2 AC 127; [1999] 2 WLR 134; [1999] 1 … Continue reading Baltic Insurance Group v Jordan Grand Prix Limited and Others and Quay Financial Software Limited and Others (By Counter Claim and One Other Action): HL 20 May 1998

Brennan v National Westminster Bank Plc: QBD 27 Nov 2007

The claimant, a customer of the defendant had been charged sums when he went overdrawn beyond his limit. He claimed that the sums were unlawful penalties under the Regulations. The bank said that it had refunded the charges. The claimant sought exemplary and aggravated damages. Held: The claim should not proceed. The claimant had deliberately … Continue reading Brennan v National Westminster Bank Plc: QBD 27 Nov 2007

Von Horn v Cinnamond: ECJ 26 Nov 1997

Where action started in one country before the Convention, and second in another after the Convention came into effect, the second action must be stayed. Citations: Times 26-Nov-1997, C-163/95, [1997] EUECJ C-163/95 Links: Bailii Statutes: Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 Jurisdiction: European Jurisdiction Updated: 20 … Continue reading Von Horn v Cinnamond: ECJ 26 Nov 1997

Handelsveem Bv and Others v Coreck Maritime GmbH: ECJ 1 Dec 2000

When a court looked at a choice of the jurisdiction clause, it was not necessary that the clause should withoutmore establish the jurisdiction. A clause could be effective where the forum will be ascertainable at the time by reference to a the circumstances. In this case of the clause required a dispute under a bill … Continue reading Handelsveem Bv and Others v Coreck Maritime GmbH: ECJ 1 Dec 2000

Bunzl v Martin Bunzl International Ltd and Others: ChD 3 Aug 2000

Security for costs had been ordered against a Swiss resident claimant. Although Switzerland is not in the EU or in the EEA and therefore rules against discrimination against nationals of member states did not apply, Switzerland was still a signatory to the Brussels and Lugano Conventions for enforcement of judgments. The discretion to require security … Continue reading Bunzl v Martin Bunzl International Ltd and Others: ChD 3 Aug 2000

Societe D’Informatique Service Realisation Organisation v Ampersand Software Bv: ECJ 25 Sep 1995

Court’s refusal to stay enforcement of foreign court order cannot be appealed against. Different jurisdictions not to be used to get advantage on enforcement. Citations: Ind Summary 09-Oct-1995, Times 25-Sep-1995 Statutes: EC Treaty Articles 37 and 38, Brussels Convention 1968 Jurisdiction: European Citing: Reference from – Societe D’Informatique Service Realisation Org v Ampersand Software Bv … Continue reading Societe D’Informatique Service Realisation Organisation v Ampersand Software Bv: ECJ 25 Sep 1995

National Justice Compania Naviera Sa v Prudential Assurance Co Ltd (No 2): CA 15 Oct 1999

An English court does have power to order a non-resident non-party to contribute to the costs of a case, where that party was domiciled in a convention country. Here the third party was alleged to be the alter ego of the actual party. There was no requirement to have sued that third party first under … Continue reading National Justice Compania Naviera Sa v Prudential Assurance Co Ltd (No 2): CA 15 Oct 1999

Casio Computer Co Ltd v Sayo and Others: CA 8 Feb 2001

In a case alleging knowing assistance in the fraudulent transfer of funds through the banking system, acts forming part of the events had occurred within the jurisdiction. It was proper to join a defendant to the action here, even though he was resident in Spain. Under the Convention the defendants could be sued either in … Continue reading Casio Computer Co Ltd v Sayo and Others: CA 8 Feb 2001

Ace Insurance Sa/Nv v Zurich Insurance Co and Another: CA 2 Feb 2001

The doctrine of forum non conveniens could be used to prevent the prosecution in the UK in respect of a matter agreed to be conducted in Texas, even though the proper applicable law was that England. The Act did not operate to restrict the application of the doctrine in this way even in respect of … Continue reading Ace Insurance Sa/Nv v Zurich Insurance Co and Another: CA 2 Feb 2001

Temiz, Regina (on the Application of) v Secretary of State for the Home Department: Admn 13 Oct 2006

The claimant sought judicial review of the refusal by the respondent to give him permission to stay in the United Kingdom. As a Turkish national he had absconded after being ordered to be removed, and had since gone into business here. Held: The effect of the protocol was to prevent a member state bringing in … Continue reading Temiz, Regina (on the Application of) v Secretary of State for the Home Department: Admn 13 Oct 2006

Frans Maas Logistics (UK) Ltd v CDR Trucking BV: ComC 23 Mar 1999

CMR Convention: Articles 31(2) and 36 – relating on jurisdiction. Brussels Convention: Article 57. Applicability in cases covered by the CMR convention.Article 31.2 of CMR to be limited to proceedings brought by same claimant against the same defendant, and that, on that basis, the lis pendens provisions of articles 21 and 22 of the Brussels … Continue reading Frans Maas Logistics (UK) Ltd v CDR Trucking BV: ComC 23 Mar 1999

A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening): SC 9 Sep 2013

Acquisition of Habitual Residence Habitual residence can in principle be lost and another habitual residence acquired on the same day. Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member state such as the United States. The Regulation also deals with how child … Continue reading A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening): SC 9 Sep 2013

Re E (Children) (Abduction: Custody Appeal): SC 10 Jun 2011

Two children were born in Norway to a British mother (M) and Norwegian father (F). Having lived in Norway, M brought them to England to stay, but without F’s knowledge or consent. M replied to his application for their return that the children would be at risk if returned, alleging psychological abuse by F. She … Continue reading Re E (Children) (Abduction: Custody Appeal): SC 10 Jun 2011

Phillips and Another v Robin James Symes and Robin Symes Ltd: ChD 9 Jul 2001

English proceedings were issued to claim against a partnership. Simultaneously proceedings were issued in Greece, but the Greek proceedings were served on the London parties first. The plaintiffs in Greece asked the English court to issue a stay of the English proceedings, they having issued first in Greece. The stay was granted. There had been … Continue reading Phillips and Another v Robin James Symes and Robin Symes Ltd: ChD 9 Jul 2001

Polymer Vision R and D Ltd and Others v Van Dooren: ComC 17 Nov 2011

‘jurisdiction challenge involving the scope of the bankruptcy exception in Article 1.2(b) of Council Regulation 44/2001 (‘the Judgments Regulation’) which replicates an identical provision in the Brussels Convention. If the Judgments Regulation does not apply the question is whether, in view inter alia of Council Regulation 1346/2000 . . this court is forum non conveniens … Continue reading Polymer Vision R and D Ltd and Others v Van Dooren: ComC 17 Nov 2011

Dresser UK v Falcongate Freight Management Ltd; The Duke of Yare: CA 1992

In England the court was first seised of a matter at the point when the proceedings were served, not when they were issued. Article 21 was metaphorically described as a ‘tie-break rule’ which operates on the basis of strict chronological preference’. Judges: Bingham LJ Citations: [1992] 5 CL 373, [1992] QB 502 Statutes: Brussels Convention … Continue reading Dresser UK v Falcongate Freight Management Ltd; The Duke of Yare: CA 1992

Dollfus Mieg et Cie v CWD International Ltd; LBJ Regents Ltd and another v Dolifus Mieg et Cie: QBD 17 Mar 2003

The applicant was a Part 20 defendant in a cross action brought between two other parties. It sought to have its own claim against the original claimant heard as a counterclaim. Held: Article 6 should not be construed so widely as to allow a cross claim by someone other than the original defendant to the … Continue reading Dollfus Mieg et Cie v CWD International Ltd; LBJ Regents Ltd and another v Dolifus Mieg et Cie: QBD 17 Mar 2003

Dansommer: ECJ 27 Jan 2000

(Judgment) Brussels Convention – Article 16(1) – Exclusive jurisdiction in proceedings having as their object tenancies of immovable property – Scope Citations: C-8/98, [2000] EUECJ C-8/98, [2001] 1 WLR 1069, [2000] ECR I-3201 Links: Bailii Jurisdiction: European Jurisdiction Updated: 26 April 2022; Ref: scu.162308

Berezovsky v Forbes Inc and Michaels; Glouchkov v Same: HL 16 May 2000

Plaintiffs who lived in Russia sought damages for defamation against an American magazine with a small distribution in England. Both plaintiffs had real connections with and reputations in England. A judgment in Russia would do nothing to repair the reputations in England, and accordingly the proper place to sue was in England. Under English law … Continue reading Berezovsky v Forbes Inc and Michaels; Glouchkov v Same: HL 16 May 2000

Gesellschaft fur Antriebstechnik mbH and Co. KG v Lamellen und Kupplungsbau Beteiligungs KG: ECJ 13 Jul 2006

ECJ Brussels Convention – Article 16(4) – Proceedings concerned with the registration or validity of patents – Exclusive jurisdiction of the court of the place of deposit or registration – Declaratory action to establish no infringement – Question of the patent-?s validity raised indirectly. Citations: C-4/03, [2006] EUECJ C-4/03, [2006] FSR 45, [2007] ILPr 34, … Continue reading Gesellschaft fur Antriebstechnik mbH and Co. KG v Lamellen und Kupplungsbau Beteiligungs KG: ECJ 13 Jul 2006

Akcil and Others v Koza Ltd and Another: SC 29 Jul 2019

The first claimant was an English company all of whose shares were owned by a Turkish company. The second claimant as director caused changes to the company’s constitution and share structure. The parties disputed the jurisdiction of the UK Courts to hear the claim. Held: Lord Sales said: ‘I would allow the appeals by Koza … Continue reading Akcil and Others v Koza Ltd and Another: SC 29 Jul 2019

Hassett v South Eastern Health Board, Doherty v North Western Health Board, (Judgments Convention / Enforcement of Judgments): ECJ 2 Oct 2008

Europa Jurisdiction Regulation (EC) No 44/2001 Point 2 of Article 22 Disputes as to the validity of decisions of organs of companies Exclusive jurisdiction of the courts of the State where the company has its seat Medical practitioners’ mutual defence organisation.In proceedings in Ireland relating to a medical negligence claim against the Health Board, two … Continue reading Hassett v South Eastern Health Board, Doherty v North Western Health Board, (Judgments Convention / Enforcement of Judgments): ECJ 2 Oct 2008

Fort Dodge Animal Health Limited, Arthur Webster Pty Ltd, Webster Animal Health (Uk) Ltd, Willows Francis Limited, Fort Dodge Animal Health Benelux B V v Akzo Novel N V, Intervet International B V: PatC 15 Oct 1997

The English court will not be used to block proper access for a party to justice in a foreign court; matters are to be tried according to cConvention in the proper home state. Citations: Times 24-Oct-1997 Statutes: Brussels Convention 1968 Art 2 Cited by: Appeal from – Fort Dodge Animal Health Ltd v Akzo Nobel … Continue reading Fort Dodge Animal Health Limited, Arthur Webster Pty Ltd, Webster Animal Health (Uk) Ltd, Willows Francis Limited, Fort Dodge Animal Health Benelux B V v Akzo Novel N V, Intervet International B V: PatC 15 Oct 1997

Unibank A/S v Christensen Case C-260/97: ECJ 30 Jun 1999

A document which has not been authenticated by the involvement of some public official cannot be said to be a ‘authentic instrument’ within the Brussels Convention, allowing their use in other jurisdictions. Documents signed acknowledging indebtedness allowing for levy of execution, but without any authentication were not sufficiently certain to allow enforcement in another Convention … Continue reading Unibank A/S v Christensen Case C-260/97: ECJ 30 Jun 1999

Raiffeisen Zentralbank Osterreich Aktiengesellschaft v National Bank of Greece Sa: QBD 25 Sep 1998

A term which had only been found to be implied into a contract could still prove to be central to its performance and so could be the deciding factor in a claim for jurisdiction under the Brussels Convention. Citations: Times 25-Sep-1998 Statutes: Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial … Continue reading Raiffeisen Zentralbank Osterreich Aktiengesellschaft v National Bank of Greece Sa: QBD 25 Sep 1998

Ot Africa Line Ltd v Fayad Hijazy and Another; Same v Fayad Hijazy and Others: QBD 28 Nov 2000

The human right to a fair trial did not amount to a right to an unfettered choice of tribunal. Contracts said that they were exclusively governed by English law and to be decided in England. Proceedings between the parties having already commenced in England some of the defendants were enjoined from continuing another action they … Continue reading Ot Africa Line Ltd v Fayad Hijazy and Another; Same v Fayad Hijazy and Others: QBD 28 Nov 2000

Hough v P and O Containers Ltd; Blohm and Voss Holding Ag and Others Third Parties: QBD 6 Apr 1998

Where a contract contained a clear exclusive jurisdiction clause, a proposed defendant had a clear right to insist on the parties using that jurisdiction. Citations: Times 06-Apr-1998, Gazette 29-Apr-1998 Statutes: Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 Art 17 Jurisdiction: England and Wales Jurisdiction, Contract Updated: 08 … Continue reading Hough v P and O Containers Ltd; Blohm and Voss Holding Ag and Others Third Parties: QBD 6 Apr 1998

Dow Jones and Co Inc v Jameel: CA 3 Feb 2005

Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005

Samick Lines Co Ltd v Owners of The Antonis P Lemos: HL 2 Jan 1985

The House was asked as to the effect of the section. Held: Since the provisions of the statute under consideration were designed to give domestic effect to an international convention, a broad and liberal construction should be given to them Judges: Lord Brandon of Oakbrook Citations: [1985] AC 711 Statutes: Supreme Court Act 1981 20(2)(h) … Continue reading Samick Lines Co Ltd v Owners of The Antonis P Lemos: HL 2 Jan 1985

Waterford Wedgwood Plc and Another v David Vagli Ltd and Another, Haughton Third Party: ChD 13 May 1998

The sellers had supplied counterfeit Waterford crystal to a buyer in New York, arranging for the goods to be shipped from Ireland to Spain and then from Spain to Felixstowe, where they were transhipped and sent to New York. The question was whether the sellers had infringed the Waterford trade mark in the United Kingdom … Continue reading Waterford Wedgwood Plc and Another v David Vagli Ltd and Another, Haughton Third Party: ChD 13 May 1998

Reunion Europeenne Sa and Others v Spliethoff’s Bevrachtingskantoor Bv and Another: ECJ 27 Oct 1998

French consignees of a shipment of peaches sued in France the Australian issuers of the bill of laiding under which the goods were carried (a contract claim) and the Dutch carriers and master of the ship in which they were carried (tort claims). Held: There was no jurisdiction under Article 6(1) because none of the … Continue reading Reunion Europeenne Sa and Others v Spliethoff’s Bevrachtingskantoor Bv and Another: ECJ 27 Oct 1998

Dolphin Maritime and Aviation Services Ltd v Sveriges Angartygs Assurans Forening: ComC 2 Apr 2009

The defendant sought to strike out the claim for want of jurisdiction and that it had no prospect of success. Judges: Christopher Clarke J Citations: [2009] EWHC 716 (Comm), [2009] 1 CLC 460, [2009] 2 Lloyds Rep 123 Links: Bailii Statutes: Brussels Convention 1968 Jurisdiction: England and Wales Cited by: Cited – Trident Turboprop (Dublin) … Continue reading Dolphin Maritime and Aviation Services Ltd v Sveriges Angartygs Assurans Forening: ComC 2 Apr 2009

AMT Futures Ltd v Marzillier and Others: SC 1 Mar 2017

AMT entered into many financial services agreements providing for exclusive EW jurisdiction. It now sought to restrain the defendant German lawyers from encouraging litigation in Germany saying that induced breaches of the contracts. It also sought as damages the costs incurred in the German litigation. The defendant asserted lack of jurisdiction saying that the alleged … Continue reading AMT Futures Ltd v Marzillier and Others: SC 1 Mar 2017

Shevill and Others v Presse Alliance SA: HL 26 Jul 1996

A libel case against a French paper was rightly brought in UK despite the small (250 copies nationally and 5 in the plaintiff’s local area (Yorkshire)) circulation here. The Brussels Convention allows a claim for defamation in UK though the main public was abroad. Lord Jauncey of Tullichettle said: ‘Where English law presumes the publication … Continue reading Shevill and Others v Presse Alliance SA: HL 26 Jul 1996

Erich Gasser GmbH v MISAT Srl: ECJ 9 Dec 2003

The claimant Austrian company had for many years sold goods to the defendant an Italian company. Eventually it presented a claim before the court in Italy. Having obtained judgement, it later sought to enforce the order through the Austrian court relying upon a choice of forum term to that effect in the trading terms. Held: … Continue reading Erich Gasser GmbH v MISAT Srl: ECJ 9 Dec 2003

Kalfelis v Bankhaus Schroder, Munchmeyer, Hengst and Co and others: ECJ 27 Sep 1988

ECJ For Article 6(1) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters to apply, a connection must exist between the various actions brought by the same plaintiff against different defendants. That connection, whose nature must be determined independently, must be of such a kind … Continue reading Kalfelis v Bankhaus Schroder, Munchmeyer, Hengst and Co and others: ECJ 27 Sep 1988

Turner v Grovit and others: HL 13 Dec 2001

The applicant was a solicitor employed by a company in Belgium. He later resigned claiming unfair dismissal, saying he had been pressed to become involved in unlawful activities. The defendants sought to challenge the jurisdiction of the English Tribunal system. The defendants had begun procedures in Spain for conciliation. The claimant had obtained an injunction … Continue reading Turner v Grovit and others: HL 13 Dec 2001

Konecny v District Court In Brno-Venkov, Czech Republic: SC 27 Feb 2019

K had been convicted and sentenced in his absence. His extradition was requested under an EAW which asserted that it was based upon an enforceable judgment, but that he had an unqualified right to be retried. He argued that the delay (since 2004 for the offence) was such as render the request unjust and oppressive. … Continue reading Konecny v District Court In Brno-Venkov, Czech Republic: SC 27 Feb 2019

TSN Kunststoffrecycling Gmbh v Jurgens: CA 25 Jan 2002

The claimant sought to register and enforce here, a judgment obtained by default in Germany. It was argued that he had not had, under section 27(2) sufficient opportunity to make a proper reply to the proceedings, and that the Brussels Convention created a right of appeal outside the range of appeals under the Civil Procedure … Continue reading TSN Kunststoffrecycling Gmbh v Jurgens: CA 25 Jan 2002

MA v Austria: ECHR 15 Jan 2015

Article 8 Positive obligations Article 8-1 Respect for family life Failure to conduct return proceedings under Brussels IIa regulation expeditiously and efficiently: violation Facts – The applicant is an Italian national whose partner (the first applicant in the case of Povse v. Austria*) removed their daughter from Italy, where the family lived, to Austria in … Continue reading MA v Austria: ECHR 15 Jan 2015

Sarrio SA v Kuwait Investment Authority: ComC 12 Oct 1995

cw Conflict of laws – Brussels Convention – articles 21-22 – right to invoke – independent of domicile – forum conveniens – defendant domiciled in non-Contracting State – exclusion of common law rules – same cause of action – meaning – jurisdiction – related actions – meaning Mance J [1996] 1 Lloyd’s Rep 650, [1996] … Continue reading Sarrio SA v Kuwait Investment Authority: ComC 12 Oct 1995

Sarrio SA v Kuwait Investment Authority: CA 12 Aug 1996

[1996] EWCA Civ 575, [1997] 1 Lloyd’s Rep 113, [1997] CLC 280, [1997] IL Pr 481, Independent 03-Oct-1996 England and Wales Citing: Appeal from – Sarrio SA v Kuwait Investment Authority ComC 12-Oct-1995 cw Conflict of laws – Brussels Convention – articles 21-22 – right to invoke – independent of domicile – forum conveniens – … Continue reading Sarrio SA v Kuwait Investment Authority: CA 12 Aug 1996

Kuwait Oil Tanker Company SAK and others v UBS AG, Qabazard: HL 12 Jun 2003

Mr Qabazard conspired with others to defraud the Kuwait Oil Tanker Company SAK and Sitka Shipping Inc of large sums of money. On 16 November 1998 Moore-Bick J gave judgment against him for over US$130m. Historically sums had been placed with the defendant, and garnishee orders were sought. Held: It is not correct to characterise … Continue reading Kuwait Oil Tanker Company SAK and others v UBS AG, Qabazard: HL 12 Jun 2003

The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: ChD 26 Nov 2010

The claimant newspapers complained of the spidering of the web-sites and redistribution of the materials collected by the defendants to its subscribers. The defendants including the Public Relations Consultants Association (PRCA) denied that they needed a licence for the purpose. Held: The members of PRCA required licences from the claimants in order lawfully to receive … Continue reading The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: ChD 26 Nov 2010

Fiona Trust and Holding Corporation and others v Privalov and others: CA 24 Jan 2007

The court was asked whether when contracts have been induced by bribery and have been rescinded on discovery of the bribery, that constitutes a dispute which can be determined by arbitration in the context of a common form of arbitration clause. Held: a dispute whether the contract can be set aside or rescinded for alleged … Continue reading Fiona Trust and Holding Corporation and others v Privalov and others: CA 24 Jan 2007