The parties disputed matters within a company in India. The defendant appealed against an order under which the court had accepted jurisdiction.
Held: The appeal succeeded. The opening words of article 22 giving jurisdiction ‘regardless of domicile’ were not intended to apply to the courts of a member state, such as Denmark, which was not bound by the regulation; and therefore the direction was not intended to apply as between the courts of member states and the courts of non-member states. The proper venue was India.
Judges:
Ward LJ, Stanley Burnton LJ, Sir John Chadwick
Citations:
[2009] EWCA Civ 1176, [2009] WLR (D) 326
Links:
Statutes:
Council Regulation 44/2001/EC (OJ January 16, 2001 L12/1) 22
Jurisdiction:
England and Wales
Citing:
Cited – Choudhary and Others v Bhatter and Others CA 29-Apr-2009
Application for security for costs in respect of an appeal . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction, European, Company
Updated: 07 August 2022; Ref: scu.381729
