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Lopesan Touristik Sa v Apollo European Principal Finance Fund Iii (Dollar A) LP and Others: ComC 8 Oct 2020

Judgment following the expedited hearing of: i) the Claimant’s application for directions for an expedited trial with a view to having its dispute with the Defendants determined before the end of this year; and ii) Apollo’s application for a stay of proceedings under Article 30(1) of the recast Brussels Regulation 1215/2012 Mr Justice Foxton [2020] … Continue reading Lopesan Touristik Sa v Apollo European Principal Finance Fund Iii (Dollar A) LP and Others: ComC 8 Oct 2020

J and E (Children: Brussels II Revised: Article 15): FC 11 Nov 2014

The local authority applied to the court for care orders and placement orders in respect of two young girls. The parents opposed the local authority’s applications. The mother was Hungarian. The father was Hungarian/Roma. The mother applied under Article 15(2)(a) of the Regulation for an order requesting that the Hungarian court should assume jurisdiction with … Continue reading J and E (Children: Brussels II Revised: Article 15): FC 11 Nov 2014

A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening): SC 9 Sep 2013

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

In re D (A Child): SC 22 Jun 2016

F had obtained an order in Romania for the custody of D. F obtained orders initially for the registration and enforcement of that order, but the High Court reversed that saying that neither the child nor his mother had been given adeuate opportunity to take part in the proceedings in Romania. F’s appeal to the … Continue reading In re D (A Child): SC 22 Jun 2016

Handelsveem Bv and Others v Coreck Maritime GmbH: ECJ 1 Dec 2000

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

Re E (Children) (Abduction: Custody Appeal): SC 10 Jun 2011

Two children were born in Norway to a British mother (M) and Norwegian father (F). Having lived in Norway, M brought them to England to stay, but without F’s knowledge or consent. M replied to his application for their return that the children would be at risk if returned, alleging psychological abuse by F. She … Continue reading Re E (Children) (Abduction: Custody Appeal): SC 10 Jun 2011

Polymer Vision R and D Ltd and Others v Van Dooren: ComC 17 Nov 2011

‘jurisdiction challenge involving the scope of the bankruptcy exception in Article 1.2(b) of Council Regulation 44/2001 (‘the Judgments Regulation’) which replicates an identical provision in the Brussels Convention. If the Judgments Regulation does not apply the question is whether, in view inter alia of Council Regulation 1346/2000 . . this court is forum non conveniens … Continue reading Polymer Vision R and D Ltd and Others v Van Dooren: ComC 17 Nov 2011

Akcil and Others v Koza Ltd and Another: SC 29 Jul 2019

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

Hassett v South Eastern Health Board, Doherty v North Western Health Board, (Judgments Convention / Enforcement of Judgments): ECJ 2 Oct 2008

Europa Jurisdiction Regulation (EC) No 44/2001 Point 2 of Article 22 Disputes as to the validity of decisions of organs of companies Exclusive jurisdiction of the courts of the State where the company has its seat Medical practitioners’ mutual defence organisation.In proceedings in Ireland relating to a medical negligence claim against the Health Board, two … Continue reading Hassett v South Eastern Health Board, Doherty v North Western Health Board, (Judgments Convention / Enforcement of Judgments): ECJ 2 Oct 2008

Dow Jones and Co Inc v Jameel: CA 3 Feb 2005

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

Aries Tanker Corp v Total Transport Ltd; The Aries: HL 1977

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

Rapisarda v Colladon (Irregular Divorces): FC 30 Sep 2014

The court considered applications to set aside some 180 petitions for divorce on the grounds that they appeared to be attempts to pervert the course of justice by wrongfully asserting residence in order to benefit from the UK jurisdiction. Held: It had been asserted that the English court had jurisdiction to entertain the petition in … Continue reading Rapisarda v Colladon (Irregular Divorces): FC 30 Sep 2014

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

FU v Commission: ECJ 11 Apr 2016

ECJ (Judgment) Public service – Disciplinary proceedings – Disciplinary Board – Temporary staff of the Court of Auditors appointed probationary official at the Commission – Change of place of employment – No declaration of change of duty station to the administration of the Court of accounts – simultaneous applications of the resettlement allowance in the … Continue reading FU v Commission: ECJ 11 Apr 2016

Knight v Axa Assurances: QBD 24 Jul 2009

The claimant was injured in a car accident in France. The defendant insurer said that the quantification of damages was to be according to French law and the calculation of interest also. The claimant said that English law applied. Held: The assessment of damages is a procedural matter, and is governed by the law of … Continue reading Knight v Axa Assurances: QBD 24 Jul 2009

Olsen v Gearbulk Services Ltd and Another (Practice and Procedure: Preliminary Issues): EAT 28 Apr 2015

EAT Practice and Procedure: Preliminary Issues – A peripatetic employee, who was Danish and had his home in Switzerland, freely entered into a contract with the First Respondent, a company incorporated in Bermuda, by which he was to occupy an international role, based in Switzerland, as its Strategy and Business Development Director. The contract was … Continue reading Olsen v Gearbulk Services Ltd and Another (Practice and Procedure: Preliminary Issues): EAT 28 Apr 2015

MA v Austria: ECHR 15 Jan 2015

Article 8 Positive obligations Article 8-1 Respect for family life Failure to conduct return proceedings under Brussels IIa regulation expeditiously and efficiently: violation Facts – The applicant is an Italian national whose partner (the first applicant in the case of Povse v. Austria*) removed their daughter from Italy, where the family lived, to Austria in … Continue reading MA v Austria: ECHR 15 Jan 2015

MD v AA and Another: FD 31 Jul 2014

M appealed against English orders recognising and registering a decision of the Bucharest Court of Appeal ordered that the custody of D who had lived with his mother in England since the age of eight weeks, should be transferred to his father in Romania. The order was registered for enforcement here. Held: Recognition of the … Continue reading MD v AA and Another: FD 31 Jul 2014

Young v Anglo American South Africa Ltd and Others: CA 31 Jul 2014

The parties disputed whether the claimant had a ‘good arguable case’ that the defendant had its central administration in England so as to give the court jurisdiction. Lord Dyson MR, Aikens LJ, Janet Smith D [2014] EWCA Civ 1130, [2014] WLR(D) 370 Bailii, WLRD Brussels 1 Regulation (Regulation EC 44/2001 60 England and Wales Jurisdiction … Continue reading Young v Anglo American South Africa Ltd and Others: CA 31 Jul 2014

Clark (Inspector of Taxes) v Oceanic Contractors Inc: HL 16 Dec 1982

HL Income tax, Schedule E – Non-resident employer – Employees working in U.K. sector of North Sea – Whether employer liable to deduct tax from emoluments – Income Tax (Employments) Regulations 1973 – Income and Corporation Taxes Act 1970, s 181 and s 204 – Finance Act 1973, 5 38 – Continental Shelf Act 1964 … Continue reading Clark (Inspector of Taxes) v Oceanic Contractors Inc: HL 16 Dec 1982

Masri v Consolidated Contractors International Co Sal and Others: HL 30 Jul 2009

The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside the rule-maker’s power. Held: Even though the rule-making power is wide … Continue reading Masri v Consolidated Contractors International Co Sal and Others: HL 30 Jul 2009

The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: ChD 26 Nov 2010

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

Powell v OMV Exploration and Production Ltd: EAT 23 Jul 2013

EAT Practice and Procedure : Preliminary Issues – JURISDICTIONAL POINTS – Working outside the jurisdiction The Claimant worked 3 weeks in 4 in Dubai, spending the 4th as ‘rest time’ at his home in the UK, under a contract made with a company registered in the Isle of Man, which provided that Manx courts would … Continue reading Powell v OMV Exploration and Production Ltd: EAT 23 Jul 2013

London Borough of Camden v Caratt and Others: FD 31 Jul 2013

The court was asked whether the provisions of article 15 of Council Regulation(EC) Bo 2201/2003, commonly known as Brussels II Revised and hereafter ‘BIIR’, may be used to facilitate a transfer of proceedings between jurisdictions within the United Kingdom. [2013] EWHC 2336 (Fam), [2013] Fam Law 1531 Bailii England and Wales Children Updated: 19 November … Continue reading London Borough of Camden v Caratt and Others: FD 31 Jul 2013

British American Tobacco Denmark A/S v Kazemier Bv: SC 28 Oct 2015

One container loaded with cigarettes was allegedly hi-jacked in Belgium en route between Switzerland and The Netherlands in September 2011, while another allegedly lost 756 of its original 1386 cartons while parked overnight contrary to express instructions near Copenhagen en route between Hungary and Vallensbaek, Denmark. The consignors claimed against English main contractors who undertook … Continue reading British American Tobacco Denmark A/S v Kazemier Bv: SC 28 Oct 2015

Masri v Consolidated Contractors International Company Sal and Another (No 3): CA 6 Jun 2008

The court was asked whether the English court has jurisdiction following judgment to grant an anti-suit injunction against foreign judgment debtors (one of whom has a domicile in a Brussels I Regulation State) restraining them from pursuing proceedings abroad seeking to re-litigate matters which have been decided by the English court. Held: The defendant’s appeal … Continue reading Masri v Consolidated Contractors International Company Sal and Another (No 3): CA 6 Jun 2008

Simpson v Intralinks: EAT 15 Jun 2012

EAT The parties agreed that in the event of any employment dispute , the applicable law would be German, and the place of jurisdiction Frankfurt, which was where the claimant lived and from where she worked (though she came on occasion to the UK). She brought claims under the Sex Discrimination Act 1975 and Equal … Continue reading Simpson v Intralinks: EAT 15 Jun 2012

Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011

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

Owusu v Jackson: ECJ 1 Mar 2005

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

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

Shergill and Others v Khaira and Others: SC 11 Jun 2014

The parties disputed the trusts upon which three Gurdwaras (Sikh Temples) were held. The Court of Appeal had held that the issues underlying the dispute were to be found in matters of the faith of the Sikh parties, and had ordered a permanent stay. Held: The appeal was allowed. The matter was justiciable and should … Continue reading Shergill and Others v Khaira and Others: SC 11 Jun 2014

Pacific International Sports Clubs Ltd v Soccer Marketing International Ltd and Others: ChD 24 Jul 2009

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

NML Capital Ltd v Argentina: SC 6 Jul 2011

The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets in the UK. They argued that the terms of issue waived state immunity. Held: The … Continue reading NML Capital Ltd v Argentina: SC 6 Jul 2011

Emerald Supplies Ltd and Others v British Airways Plc: ChD 4 Oct 2017

EC has sole jurisdiction over old cartels Several claimants alleged that the defendant airway had been part of a cartel which had overcharged for freight services. The court now heard arguments about whether it had jurisdition to deal with claims which preceded the measures which had brought into force the EU competition rules. The cartel … Continue reading Emerald Supplies Ltd and Others v British Airways Plc: ChD 4 Oct 2017

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

C v M: ECJ 9 Oct 2014

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

Youell and others v La Reunion Aerienne and others: CA 11 Mar 2009

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

Rapisarda v Colladon (Irregular Divorces); FC 30 Sep 2014

References: [2014] EWFC 35 Links: Bailii Coram: Sir James Munby P FD The court considered applications to set aside some 180 petitions for divorce on the grounds that they appeared to be attempts to pervert the course of justice by wrongfully asserting residence in order to benefit from the UK jurisdiction. Held: It had been … Continue reading Rapisarda v Colladon (Irregular Divorces); FC 30 Sep 2014