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
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
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
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
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
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
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
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
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
ECJ On a proper construction, Article 57 of the Brussels Convention on jurisdiction and the enforcement of judgments as amended means that, where a Contracting State is also a contracting party to another convention on a specific matter containing rules on jurisdiction, that specialized convention precludes the application of the provisions of the Brussels Convention … Continue reading The owners of the cargo lately laden on board the ship ‘Tatry’ v The owners of the ship ‘Maciej Rataj’: ECJ 6 Dec 1994
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
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
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
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
(Judgment) Brussels Convention – Scope – Action under a right of recourse under national legislation providing for payment of allowances by way of social assistance – Concept of ‘civil matters’ – Concept of ‘social security’ Citations: C-271/00, [2002] EUECJ C-271/00, [2003] 1 WLR 1996, ECLI:EU:C:2002:656 Links: Bailii Jurisdiction: European Benefits Updated: 21 October 2022; Ref: … Continue reading Gemeente Steenbergen v Baten: ECJ 14 Nov 2002
The parties were spanish companies. They were involved in proceedings against each other in Spain. The respondent had begun an action here for negligent misrepresentation against the appellant. The appellant argued that given the Spanish proceedings, the English court did not have jurisdiction because of article 22. Held: If the actions were related then the … Continue reading Sarrio Sa v Kuwait Investment Authority: HL 17 Nov 1997
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
The claimant in Germany sought to enforce a contract by claiming the price of a delivered machine; the claimant in Italy asked for a declaration that no contract had been entered into or, if it had, that it had been discharged by repudiatory conduct on the part of the seller. Held: These claims involved the … Continue reading Gubisch Maschinenfabrik KG v Giulio Palumbo: ECJ 8 Dec 1987
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
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
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
ECJ Opinion – Brussels Convention Recognition and Enforcement of Judgments Grounds for refusal – Violation of public order of the requested State – Exclusion of the defendant from the proceedings because of a breach of a court order Judges: Juliane Kokott AG Citations: C-394/07, [2008] EUECJ C-394/07 – O Links: Bailii Cited by: Opinion – … Continue reading Gambazzi v DaimlerChrysler Canada Inc v CIBC Mellon Trust Company: ECJ 18 Dec 2008
The 1956 Act implemented as part of the domestic law the treaty obligations of the United Kingdom under the International Convention Relating to the Arrest of Seagoing Ships signed at Brussels on 10 May 1952 (the Arrest Convention). Held: The fundamental rule for the arrest of a ship under the provisions of the Arrest Convention … Continue reading The Eschersheim; The Jade: HL 1976
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
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
Proceedings for summary return under the Hague Convention and Brussels IIR, with two issues arising, did the father consent to or acquiesce in the child’s removal from his home state, and would a return expose the child to grave risk of psychological harm or otherwise place him in an intolerable position? Citations: [2015] EWHC 3410 … Continue reading In re WA (A Child) (Abduction) (Consent; Acquiescence; Grave Risk of Harm or Intolerability): FD 10 Nov 2015
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
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
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
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
The defendant insurers had issued a certificate in respect of a cargo of cotton pellets which were the subject of a cif sale and had been damaged in the course of a voyage between Abidjan and Rouen. In June 2002 the insurers brought proceedings in Italy against the buyer who was a party to the … Continue reading Evialis S A v SIAT and others: ComC 16 Apr 2003
An undertaking to submit to a court ‘of competent jurisdiction’ given in consideration of a cargo not being arrested, by a protection and indemnity club , included a reference to the Admiralty Court. Under the Act. Under the Convention the phrase could not mean a court which was already seised of the matter, since jurisdiction … Continue reading Jutha Rajprueck, Owners of the Cargo and others v Steamship Mutual Underwriting Association (Bermuda) Ltd: CA 10 Mar 2003
Actions which would be deemed to have been undertaken by a branch of company need not necessarily be performed where the branch is physically located. Citations: Times 03-May-1995, C-439/93, [1995] EUECJ C-439/93 Links: Bailii Statutes: Brussels Convention1968 5(5) Cited by: Cited – Anton Durbeck GmbH v Den Norske Bank ASA CA 3-Feb-2003 Claimant cargo owners … Continue reading Lloyd’s Register of Shipping v Societe Campenon Bernard: ECJ 6 Apr 1995
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
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
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
Brussels Convention – Interpretation of Article 17 – Validity of an oral jurisdiction agreement confirmed in writing by one party only.‘It must be pointed out that . . article 17 of the Convention does not expressly require that the written confirmation of an oral argument should be given by the party who is to be … Continue reading F Berghoefer GmbH and Co KG v ASA SA: ECJ 11 Jul 1985
The words ‘the document which instituted the proceedings’ contained in article 27, point 2, of the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters cover any document, such as the order for payment (zahlungsbefehl) in german law, service of which enables the plaintiff, under the law … Continue reading Klomps v Michel: ECJ 16 Jun 1981
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
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
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
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
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
The court had under its inherent jurisdiction ordered the mother to return the seven year old child A to the father in Russia. Held: Even though the hearing did not take place under the Hague Convention or Brussels II, the court had an obligation to consider arrangements itself to hear the child. M’s appeal succeeded. … Continue reading re S (A Child) (Abduction: Hearing The Child): CA 4 Dec 2014
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
The defendant wrote a circular letter in Zurich libelling the plaintiff, who was chairman of a company in England, but who personally lived in Ontario, Canada. That circular letter was addressed to the deputy manager and managing director of the company in England. Held: A tort occurrs in the place where the last ingredient necessary … Continue reading Bata v Bata: CA 1948
By section 3(1) of the 1979 Act, the High Court was precluded from granting permission to appeal on a point of law from an award ‘if the parties to the reference in question have entered into an agreement in writing (in this section referred to as an ‘exclusion agreement’) which excludes the right of appeal.’ … Continue reading Arab African v Olieprodukten: 1983
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
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
Europa Common customs tariff – description of goods – interpretation – absence of community provisions – authority of explanatory notes and classification opinions of the convention on the Brussels nomenclature. Common customs tariff – description of goods – classification of a product under tariff heading 21.07 – regulation no 241/70 of the commission – legislative … Continue reading Gervais-Danone AG v Hauptzollamt Munchen-Schwanthalerstrasse: ECJ 15 Dec 1971
The Convention can no longer apply once the proceedings had been properly discontinued. Citations: Times 15-Aug-1996 Statutes: Brussels Convention 1968 21/22 Transport Updated: 08 April 2022; Ref: scu.82405
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
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
Claims for freight charges are an exception to the general rule that all claims between parties must be resolved in one action. A claim for freight cannot be a claim ‘on the same grounds’ as a counter-claim for loss or damage arising out of the carriage, for there is no set off against freight. The … Continue reading Aries Tanker Corp v Total Transport Ltd; The Aries: HL 1977
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
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
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
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
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
The Dutch plaintiff claimed that the water supply to its nursery had been polluted by the French defendant’s discharge of waste into the Rhine in France. Held: The meaning of the expression: ‘Place where the harmful event occurred’ must be established in such a way as to acknowledge that the plaintiff has an option to … Continue reading Handelswerkerij GJ Bier BV v Mines de Potasse d’Alsace SA: ECJ 1976
[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
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
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
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
The child had been born in Britain to British citizen parents from Pakistan and India. There had been care proceedings, but later and with the court’s consent the father took him to Pakistan undertaking to return him, but then failed to do so. Contact was re-established, but the child was now habitually resident in Pakistan. … Continue reading In Re I (A Child): SC 1 Dec 2009
ECJ Brussels Convention – Territorial scope of the Brussels Convention – Article 2 – Jurisdiction – Accident which occurred in a non – Contracting State – Personal injury – Action brought in a Contracting State against a person domiciled in that State and other defendants domiciled in a non – Contracting State – Forum non … Continue reading Owusu v Jackson: ECJ 1 Mar 2005
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
The parties disputed ownership of shares in the football club Dynamo Kiev. Claims were to be made under Ukrainian company law and in equity. The claimant (a company registered in Mauritius) sought to proceed here. The defendants (largely companies registered in the UK) said that the Ukraine was the proper jurisdiction. Held: The court declined … Continue reading Pacific International Sports Clubs Ltd v Soccer Marketing International Ltd and Others: ChD 24 Jul 2009
No ET Jurisdiction for Non-employment claim The claimant appealed against rejection of her claim for discrimination which she had brought in the Employment Tribunal rather than the County Court. Held: The appeal failed: ‘if a body is a governing body of a university this displaces its status as a qualification body. It follows that the … Continue reading Nwabueze v University of Law Ltd and Others: CA 13 Nov 2020
ECJ (Judgment) Urgent preliminary ruling procedure – Area of freedom, security and justice – Judicial cooperation in civil matters – Regulation (EC) No 2201/2003 – Hague Convention of 25 October 1980 on the civil aspects of international child abduction – Concept of ‘habitual residence’ of a child following the divorce of its parents – Lawful … Continue reading C v M: ECJ 9 Oct 2014
The parties disputed whether the court had jurisdiction. The defendant insurer argued that parallel issues had been referred to arbitration in France. Held: the claim was outside the range of the arbitration agreement, and a stay, which would have been the appropriate remedy was not granted. Lord Justice Rix, Lord Justice Jacob and Lord Justice … Continue reading Youell and others v La Reunion Aerienne and others: CA 11 Mar 2009
The Court considered whether the future of two little girls, aged four and two years, should be decided by the courts of this country or by the authorities in Hungary. Both children were born in England and lived all their lives here. But their parents were Hungarian and the children were nationals of Hungary, not … Continue reading In Re N (Children): SC 13 Apr 2016
Where a court is seised of one case arising from a breach of contract arising within its own jurisdiction, it does not have power also to deal with a claim arising under the same contract but arising from a different breach occurring in a different . .
Applications under the Brussels Convention for Interim Measures were capable of being heard by courts notwithstanding a clause referring disputes under the contract in issue exclusively to arbitration. Even in the case of Article 24 of the Brussels . .
Appeal against care and placement order proceedings in relation to two Hungarian children, The orders were for the transfer of the case to Hungary.
Held: The appeal was dismissed. As to Article 15, the Court considered: What are the . .
. .
