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 . .
An action against ship in rem prevents a personal action against the owner; there would be a risk of double jeopardy. . .
Application by the claimant for interim injunctive relief. Citations: [2007] EWHC 1967 (Ch) Links: Bailii Statutes: Civil Jurisdiction and Judgments Act 1982 25 Jurisdiction: England and Wales Jurisdiction Updated: 19 November 2022; Ref: scu.341743
The defendant sought to set aside service of a claim outside the jurisdiction, saying that no good and arguable case had been made out that he was domiciled in the UK. The bank said that he owned a house in London. Held: Although domicile is defined in terms of ‘residence’, this concept must be construed … Continue reading Dubai Bank Ltd v Abbas and Another: CA 17 Jul 1996
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
Various parties had sought relief in the English courts and in Switzerland after an alleged fraud. There had been a mistake in service of the proceedings in England. The high court had dispensed with service an backdated the effect of the order to pre-date the Swiss proceedings. The court of appeal set aside the backdating … Continue reading Phillips and Another v Symes and others: HL 23 Jan 2008
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
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
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
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