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Fitzgerald and Others v Williams and Others O’Regan and Others v Same: CA 3 Jan 1996

Security for costs should not to be granted against an EC National in the absence of some particular difficulty. The Treaty required citizens of other states which were signatories of the convention. The importance of accurate evidence is particularly acute on an application without notice, and the duty of disclosure on such an application was … Continue reading Fitzgerald and Others v Williams and Others O’Regan and Others v Same: CA 3 Jan 1996

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

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

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

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

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

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

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

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

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

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″