The defendant state sought to prevent the company enforcing a judgment entered against it in the USA. Held: Where the judgment was properly obtained, a claim of sovereign immunity would not operate to allow avoidance of an enforcement of the judgement. The requirements of section 3(1) had been met, and the defendant’s application to set … Continue reading NML Capital Ltd v The Republic of Argentina: ComC 29 Jan 2009
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 conceded that there was a good arguable case against Mr Cuoghi, which would have justified worldwide … Continue reading Credit Suisse Fides Trust SA v Cuoghi; Credit Suisse Fides Trust SA and Amhurst Brown Colombotti (a Firm): CA 11 Jun 1997
The contractors appealed a decision that an arbitrator had jurisdiction to hear a claim against them in respect of works carried out on the Thelwall viaduct. The contractors denied that there had been a dispute which could found a reference, and no valid engineer’s decision within the time limit provided. Held: The court must avoid … Continue reading Amec Civil Engineering Ltd v Secretary of State for Transport: CA 17 Mar 2005
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 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 death actually occurred as a consequence of the negligence of his medical treatment in Spain. Judges: Phillips … Continue reading Kinnear and Others v Falconfilms Nv and Others: QBD 27 Jan 1994
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 House was asked whether an asylum applicant whose original application was determined in Scotland, but his application for leave to appeal rejected in London, should apply to challenge those decisions in London or in Scotland. Held: Such an application must be heard in Scotland save only in exceptional circumstances. The appropriate forum would be … Continue reading Tehrani v Secretary of State for the Home Department: HL 18 Oct 2006
In an request for pre-action discovery it was plainly wrong for the court to seek to decide in advance any element of the virtues of the case. Held: The appeal should be allowed. The case was arguable and should be allowed to proceed.Peter Gibson LJ said: ‘We have reservations about the approach adopted by the … Continue reading Rose v Lynx Express Ltd. and Bridgepoint Capital (Nominees) Ltd: CA 7 Apr 2004
A Mareva order made ex parte freezing assets world-wide on an interim basis was nevertheless a judgment allowing jurisdiction for recognition and enforcement in foreign jurisdictions once it had been certified as such on an inter partes application. Citations: Gazette 10-Feb-1999, Times 06-Jan-1999 Statutes: Civil Jurisdiction and Judgments Act 1982 50 Jurisdiction: England and Wales … Continue reading Normaco and Another v Lundman and Others: ChD 10 Feb 1999
An English court did have power to order the sale of property in Portugal owned by the bankrupt and his wife in their joint names. The estate of the bankrupt vested in the trustee automatically and withoutmore on the bankruptcy. This could not change land registers in Portugal. For such registers the country involved had … Continue reading Pollard and Another v Ashurst: CA 21 Nov 2000
A petitioner for a decree of nullity of an English marriage in the English courts on the grounds of lack of consent to the marriage, having failed to obtain such decree, obtained a declaration from the Belgian court that the English marriage, was void ab initio on the ground that the marriage was merely a … Continue reading Vervaeke v Smith: HL 1983
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
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
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
Males J [2014] EWHC 3157 (Comm) Bailii Civil Judgments and Jurisdiction Act 1982 25 England and Wales Litigation Practice Updated: 22 December 2021; Ref: scu.537543
Mr Qabazard conspired with others to defraud the Kuwait Oil Tanker Company SAK and Sitka Shipping Inc of large sums of money. On 16 November 1998 Moore-Bick J gave judgment against him for over US$130m. Historically sums had been placed with the defendant, and garnishee orders were sought. Held: It is not correct to characterise … Continue reading Kuwait Oil Tanker Company SAK and others v UBS AG, Qabazard: HL 12 Jun 2003
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
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
The claimant conservatory installers claimed wrongful repudiation of the contract by the defendant householders. The defendants, living in Ayrshire, said that the English courts had no jurisdiction over the contract. Held: The court gave its reasons for accepting the defendants’ submission. The mere fact that Oak Leaf’s primary focus in advertising is on England did … Continue reading Oak Leaf Conservatories Ltd v Weir and Another: TCC 24 Oct 2013
The court was asked whether a judgment of a fellow member state of the European Union ruling against a stay of proceedings on the basis that an arbitration clause was not incorporated in the contract can be relied on as creating an issue estoppel so as to prevent the English court deciding the point differently. … Continue reading National Navigation Co v Endesa Generacion Sa (The Wadi Sudr): CA 17 Dec 2009
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
ECJ 1. Article 18 of the convention of 27 September 1968 on Jurisdiction and the enforcement of judgments in civil and commercial matters applies even where the parties have by agreement designated a court which is to have jurisdiction within the meaning of article 17 of that convention. 2. Article 18 of the Convention of … Continue reading Elefanten Schuh Gmbh v Pierre Jacqmain: ECJ 24 Jun 1981
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