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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

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

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

Group Josi Reinsurance Company Sa v Universal General Insurance Company: ECJ 9 Aug 2000

The Brussels Convention rules allowing jurisdiction apply whenever the proposed defendant is domiciled in a convention country. The plaintiff need not be. The special rules on jurisdiction which apply to insurance cases do not apply to reinsurance contracts. Citations: Times 09-Aug-2000, C-412/98, [2000] EUECJ C-412/98 Links: Bailii Statutes: Brussels Convention on Enforcement of Judgments in … Continue reading Group Josi Reinsurance Company Sa v Universal General Insurance Company: ECJ 9 Aug 2000

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

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

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

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

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

Neste Chemicals SA and Others v DK Line Sa and Another (“The Sargasso”): CA 4 Apr 1994

An English Court becomes seised of a case on the service of the writ. Steyn LJ: ‘the general thrust of the Dresser UK Ltd case is not only binding on us but . . . is correct’. There were no ‘exceptions to the rule that date of service marks the time when the English court … Continue reading Neste Chemicals SA and Others v DK Line Sa and Another (“The Sargasso”): CA 4 Apr 1994

Shevill, Ixora Trading Inc., Chequepoint SARL and Chequepoint International Ltd v Presse Alliance SA: ECJ 7 Mar 1995

On a proper construction of the expression ‘place where the harmful event occurred’ in Article 5(3) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters as amended by the Convention of 9 October 1978 on the accession of the Kingdom of Denmark, Ireland and the … Continue reading Shevill, Ixora Trading Inc., Chequepoint SARL and Chequepoint International Ltd v Presse Alliance SA: ECJ 7 Mar 1995

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

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

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

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

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

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

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

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

Francesco Benincasa v Dentalkit Srl: ECJ 3 Jul 1997

A contract which forms a part of the customer’s arrangements for pursuing his trade or profession is not a consumer contract and a choice of jurisdiction clause in a distribution agreement was valid. Europa In the context of the specific regime established by Article 13 et seq. of the Convention of 27 September 1968 on … Continue reading Francesco Benincasa v Dentalkit Srl: ECJ 3 Jul 1997

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

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

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

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

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

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

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

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

Dumez France SA and Tracoba SARL v Hessische Landesbank and others: ECJ 11 Jan 1990

ECJ The expression ‘place where the harmful event occurred’ contained in Article 5(3 ) of the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters may refer to the place where the damage occurred, but the latter concept can be understood only as indicating the place where … Continue reading Dumez France SA and Tracoba SARL v Hessische Landesbank and others: ECJ 11 Jan 1990

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

Handelskwekerij GJ Bier Bv v Mines De Potasse D’Alsace Sa: ECJ 30 Nov 1976

Europa Where the place of the happening of the event which may give rise to liability in tort, delict or quasi-delict and the place where that event results in damage are not identical, the expression ‘place where the harmful event occurred’, in article 5(3) of the convention of 27 September 1968 on jurisdiction and the … Continue reading Handelskwekerij GJ Bier Bv v Mines De Potasse D’Alsace Sa: ECJ 30 Nov 1976

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

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

Kleinwort Benson Limited v City of Glasgow District Council: HL 19 Jun 1997

Restitution when Contract Void ab initio A claim for restitution of money paid under a contract which was void ab initio is not a claim in contract, nor tort, nor delict, it was justiciable only in the court of domicile. The Brussels Convention does not decide jurisdiction. ‘But it is clearly recognised that article 5 … Continue reading Kleinwort Benson Limited v City of Glasgow District Council: HL 19 Jun 1997

Nussberger and Another v Phillips and Another (No 4): CA 19 May 2006

A claim was issued in London in December 2004, and then served in part in Switzerland in January 2005. One copy was removed from the bundle by a Swiss official, seeing that it had been marked ‘Nor for service out of the jurisdiction.’ That marking had been in error. After proceedings were then issued in … Continue reading Nussberger and Another v Phillips and Another (No 4): CA 19 May 2006

Rutten v Cross Medical: ECJ 9 Jan 1997

rutten_crossECJ1997 ECJ Convention on Jurisdiction and the Enforcement of Judgments – Special jurisdiction – Court for the place of performance of the contractual obligation – Contract of employment – Place where the employee habitually carries out his work – Meaning – Work carried out in more than one Contracting State(Brussels Convention of 27 September 1968, … Continue reading Rutten v Cross Medical: ECJ 9 Jan 1997

Gomez and others v Vives: CA 3 Oct 2008

The claimant appealed a finding that the court did not have jurisdiction over income payable to a trust governed by English law under which the claimant was beneficiary. Held: The appeal failed in part. Because Article 5 is in derogation from the basic principle of domicile in Article 2, the provisions of Article 5 are … Continue reading Gomez and others v Vives: CA 3 Oct 2008

Drouot assurances v Consolidated metallurgical industries and others: ECJ 19 May 1998

(Judgment) Where proceedings were brought in two member states, the second proceedings should not be automatically stayed where there was a difference in the actions such as an additional cause of action in the second claim. Lis alibi pendens is not appropriate in such a case. Cases which in fact involved different parties (ship owner … Continue reading Drouot assurances v Consolidated metallurgical industries and others: ECJ 19 May 1998

Van den Boogaard v Laumen: ECJ 27 Feb 1997

ECJ If the reasoning of a decision rendered in divorce proceedings shows that the provision which it awards is designed to enable one spouse to provide for himself or herself, or if the needs and resources of each of the spouses are taken into consideration in the determination of its amount, the decision will be … Continue reading Van den Boogaard v Laumen: ECJ 27 Feb 1997

Siegfried Zelger v Sebastiano Salinitri: ECJ 7 Jun 1984

Article 21 of the Convention of 28 September 1968 must be interpreted as meaning that the court ‘first seised’ is the one before which the requirements for proceedings to become definitively pending are first fulfilled, such requirements to be determined in accordance with the national law of each of the courts concerned: ‘the Court ‘first … Continue reading Siegfried Zelger v Sebastiano Salinitri: ECJ 7 Jun 1984

Wright v Granath: QBD 16 Jan 2020

Defamation across borders – Jurisdiction The claimant began an action for defamation in an online publication. The Norwegian resident defendant had begun an action there seeking a declaration negating liability. The Court was now asked by the defendant whether under Lugano, the UK action was as to the same cause between the same parties, and … Continue reading Wright v Granath: QBD 16 Jan 2020

Neste Chemicals SA and Others v DK Line Sa and Another (‘The Sargasso’): CA 4 Apr 1994

References: Times 04-Apr-1994, [1994] 3 All ER 180 Coram: Steyn LJ, Peter Gibson LJ and Sir Tasker Watkins Ratio: An English Court becomes seised of a case on the service of the writ. Steyn LJ: ‘the general thrust of the Dresser UK Ltd case is not only binding on us but . . . is … Continue reading Neste Chemicals SA and Others v DK Line Sa and Another (‘The Sargasso’): CA 4 Apr 1994

Neste Chemicals SA and Others v DK Line Sa and Another (The Sargasso”): CA 4 Apr 1994″

References: Times 04-Apr-1994, [1994] 3 All ER 180 Coram: Steyn LJ, Peter Gibson LJ and Sir Tasker Watkins An English Court becomes seised of a case on the service of the writ. Steyn LJ: ‘the general thrust of the Dresser UK Ltd case is not only binding on us but . . . is correct’. … Continue reading Neste Chemicals SA and Others v DK Line Sa and Another (The Sargasso”): CA 4 Apr 1994″