The defendant had fled from Haiti with a large part of that country’s assets while in power. Proceedings were pending in France which gave no jurisdiction to grant a worldwide freezing or disclosure order. He had used a firm of English solicitors as his agents to conceal the stolen assets. Held: The court ordered the … Continue reading Republic of Haiti v Duvalier: CA 1989
The claimant sought judgment in the USA, and obtained an ex parte world-wide asset freezing order in the UK. When he applied for the order to be extended, the application was withdrawn. Held: Those advising foreign litigants to apply for such orders here, should remember, and respect, the particular difficulties involved. In particular the legal … Continue reading Lewis v Eliades and Others: QBD 1 Feb 2002
Grant of domestic freezing injunction to support US proceedings. Citations:  EWHC 980 (Comm) Links: Bailii Statutes: Civil Jurisdiction and Judgments Act 1982 25 Jurisdiction: England and Wales Cited by: Appeal from – Motorola Solutions Inc and Another v Hytera Communications Corporation Ltd and Another CA 11-Jan-2021 . . Lists of cited by and citing … Continue reading Motorola Solutions, Inc and Others v Hytera Communications Corporation Ltd and Others: ComC 24 Apr 2020
Interim asset freezing injunctions had been obtained on the application of a liquidator in South Africa. The defendant applied for their discharge. Held: They should be discharged. No foreign proceedings had been specified for which they were proposed as support. An insolvency process was insufficient for this purpose. The court had forewarned the plaintiff of … Continue reading Fourie v Le Roux and Others: ChD 30 Sep 2004
Application for interim injunctions to suport litigation in Israel between two Israeli parties. Judges: Snowden J Citations:  EWHC 3357 (Ch) Links: Bailii Statutes: Civil Jurisdiction and Judgments Act 1982 25 Jurisdiction: England and Wales Litigation Practice, Jurisdiction Updated: 12 April 2022; Ref: scu.555020
The appellant, liquidator of two South African companies, had made a successful without notice application for an asset freezing order. He believed that the defendants had stripped the companies of substantial assets. The order was set aside for want of jurisdiction, because it had not been ancillary to any proceedings which had even been formulated … Continue reading Fourie v Le Roux and others: HL 24 Jan 2007
Richard Spearman QC  EWHC 1955 (Ch) Bailii Civil Jurisdiction and Judgments Act 1982 25 England and Wales Litigation Practice Updated: 02 January 2022; Ref: scu.550042
When granting asset freezing orders in support of proceedings in a foreign jurisdiction the court should exercise caution, particularly under the section since the court would not have full knowledge of the issues. Where good grounds existed, and . .
A world wide asset freezing order, should as regards property in other jurisdictions allow that those having control of such assets must be free to deal with them as required by local law and other legal obligations. An order had included a ‘Baltic . .
The claimant brought proceedings in Switzerland (a party to the Lugano Convention) against the defendant who was domiciled in England, alleging that he had conspired with one of the claimant’s employees to misappropriate some US$ 21 million. It was . .
Application by the claimant for interim injunctive relief. . .
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 . .
Acting on guidance, the parties representatives and the tribunal had assumed that part of the award relating to loss of future earnings would not be taxable. The question now was whether the tribunal had power of its own motion to review its decision. Held: ‘There is a difference between saying that a case to which … Continue reading Williams v Ferrosan Ltd: EAT 5 Mar 2004
The defendant appealed an order for enforcement of a judgment obtained in France, saying that the order did not reflect or identify correctly the orders made. Judges: Tugendhat J Citations:  EWHC 528 (QB) Links: Bailii Statutes: Civil Jurisdiction and Judgments Act 1982 Jurisdiction: England and Wales Jurisdiction, Litigation Practice Updated: 14 July 2022; Ref: … Continue reading La Caisse Regional Du Credit Agricole Nord De France v Ashdown: QBD 15 Mar 2007
Presumption in Favour of Open Proceedings There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt. Held: The House equated the contempt to a breach of an injunction … Continue reading Scott v Scott: HL 5 May 1913
The defenders registered internet domain names. The claimants alleged an intended infringement of their trade marks, saying the defenders had a history of opening sites intended to deceive. The defenders who were resident in Greece said that the 1982 Act could not be used for a threatened delict, but only for a completed one. Held: … Continue reading Bonnier Media Limited v Smith and Kestrel Trading Corporation: SCS 1 Jul 2002
The defendant’s company in South Africa had become insolvent and the claimant had recovered judgment for arrears of rent. They obtained a freezing order against the defendant. The defendant appealed saying the court did not have jurisdiction, and should have taken account of cross claims. The defendant argued that the order was sought on a … Continue reading John Louis Carter Fourie v Allan Le Roux and others: CA 7 Mar 2005
Permission was sought to use alternative service to serve proceedings on a company. There was no exceptional difficulty in ordinary service, but the claimant wanted to ensure that a claim was heard within the UK jurisdiction, and expected that he would have to serve the proceedings by surprise in order to prevent them first issuing … Continue reading Knauf UK GmbH v British Gypsum Ltd and Another: CA 24 Oct 2001
The doctrine of forum non conveniens could be used to prevent the prosecution in the UK in respect of a matter agreed to be conducted in Texas, even though the proper applicable law was that England. The Act did not operate to restrict the application of the doctrine in this way even in respect of … Continue reading Ace Insurance Sa/Nv v Zurich Insurance Co and Another: CA 2 Feb 2001
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 defendants, young boys, had set fire to paper and thrown the lit papers into a wheelie bin, expecting the fire to go out. In fact substantial damage was caused. The House was asked whether a conviction was proper under the section where the defendant had given no thought to a risk of damage, but … Continue reading Regina v G and R: HL 16 Oct 2003
Arbitration jurisdiction applications stayed The claimant sought declaratory relief as to the basis of a purchase after he placed a bid for a blockchain-based non-fungible token (also known as an NFT) associated with an artwork by the artist known as Beeple titled ‘Abundance’. The court was now asked to decide was whether the English court … Continue reading Soleymani v Nifty Gateway Llc: ComC 24 Mar 2022
A Scottish court has no jurisdiction to act in a Scottish bankruptcy case could not act to retrieve property assigned without consideration to an English company with no connection to Scotland other than the gift. Citations: Times 14-Oct-1998 Statutes: Civil Jurisdiction and Judgments Act 1982 Sch 8 Citing: See also – Re Thoars (Dec’d); Reid … Continue reading Reid v Ramlort Ltd: IHCS 14 Oct 1998
The appeal concerned a final third party debt order (formerly a garnishee order). A judgment in France was registered here for enforcement. That jurisdiction was now challenged. Held: A third party debt order is a proprietary remedy operating by attachment against the property of the judgment debtor. The property so attached is the chose in … Continue reading Societe Eram Shipping Company Limited and others v Hong Kong and Shanghai Banking Corp Ltd, Compagnie Internationale de Navigation: HL 12 Jun 2003
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). Held: There was no jurisdiction under Article 6(1) because none of the … Continue reading Reunion Europeenne Sa and Others v Spliethoff’s Bevrachtingskantoor Bv and Another: ECJ 27 Oct 1998
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
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 public was abroad. Lord Jauncey of Tullichettle said: ‘Where English law presumes the publication … Continue reading Shevill and Others v Presse Alliance SA: HL 26 Jul 1996
In an application notice pursuant to Section 25 of the 1982 Act, the Claimants, which are all, in one form or another, entities of the government of the Emirates of Ras Al Khaimah, one of the Emirates forming the United Arab Emirates (UAE) sand which I am going to call RAK appled for wide ranging … Continue reading Ras Al Khaimah Investment Authority and Others v Bestfort Development Llp and Others: ChD 16 Oct 2015
Shareholder May Sue for Additional Personal Losses A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter. Held: It need not be an abuse of the court for a shareholder to seek damages against advisers to … Continue reading Johnson v Gore Wood and Co: HL 14 Dec 2000
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
Males J  EWHC 3157 (Comm) Bailii Civil Judgments and Jurisdiction Act 1982 25 England and Wales Litigation Practice Updated: 22 December 2021; Ref: scu.537543
Application to continue a Freezing Injunction granted under s.25 of the 1982 Act. Field J  EWHC 993 (Comm) Bailii Civil Jurisdiction and Judgments Act 1982 England and Wales Litigation Practice Updated: 02 December 2021; Ref: scu.523600
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 court looked at questions relating to domicile and jurisdiction; standard of proof, date to be determined and duties before service. Held: The court is endeavouring to find an imprecise concept which reflects that the plaintiff must properly satisfy the court that it is right to take jurisdiction. That may involve considering matters which go … Continue reading Canada Trust Company and others v Stolzenberg and others (2): CA 29 Oct 1997
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 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
Munitions were being carried to Cochin on board the defendants’ vessel. Some was jettisoned in a fire and the remainder was damaged. The cargo owners sought damages in India for short delivery under the bills of lading, as to the jettisoned cargo . .
Application was made to register two judgments obtained in France. They were registered without a hearing, in standard practise. The defendant said as to one judgment that it had not been mentioned in the application and was thus not a judgment that . .
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 defendant had been a dentist in the Netherlands. An action for damages was begun against him, but then stayed. Judgment was later entered in the Netherlands after he had moved to the UK, and of which he was ignorant. There was no subsisting . .
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