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 . .
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
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
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_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
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
(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
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
kalfelisECJ1988 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 … Continue reading Kalfelis v Bankhaus Schroder, Munchmeyer, Hengst and Co and others: ECJ 27 Sep 1988
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
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
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).
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 . .
(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 . .
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 . .
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 . .
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 . .
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 . .
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 . .
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 . .
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 . .
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 . .
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 . .
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 . .
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 . .
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 . .
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 . .
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 . .
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 . .
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 . .
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 . .
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 . .
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 . .
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 . .
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. . .
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 . .
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 . .
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. . .
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 . .
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 . .
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 . .
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 . .
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 . .
Where a contract contained a clear exclusive jurisdiction clause, a proposed defendant had a clear right to insist on the parties using that jurisdiction. . .
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 . .
An express contractual term will be required to displace the Convention rules on domicile. The standard wording in charterparty contracts is insufficient to do this. The word ‘adjusted’ by itself would normally be taken to refer to the process of . .
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. . .
In order to use the convention to give a country jurisdiction in a claim involving the payment of money only, it was not enough that the vendor had the option of paying in the UK, or that other parts of the contract might have been performed in the . .
References: Times 04-Apr-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
References: Times 04-Apr-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″