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Winkler and Another v Shamoon and Others: ChD 15 Feb 2016

The claimants sought a declaration as against the residuary beneficiaries (wife and daughter) under the will, saying that the claimants had a beneficial interest in company shares within the estate. The defendants fild acknowledgments of service but asserting expressly that they did not submit to the jurisdiction of the court. The claimants said that the … Continue reading Winkler and Another v Shamoon and Others: ChD 15 Feb 2016

TSN Kunststoffrecycling Gmbh v Jurgens: CA 25 Jan 2002

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

Rosler v Rottwinkel: ECJ 15 Jan 1985

roslet_rottwinkelECJ1985 ECJ 1. Article 16(1) of the Convention of 27 September 1968 applies to all lettings of immovable property, even for a short term, and even where they relate only to the use and occupation of a holiday home.2. All disputes concerning the obligations of the landlord or of the tenant under a tenancy, in … Continue reading Rosler v Rottwinkel: ECJ 15 Jan 1985

Kleinwort Benson Limited v City of Glasgow District Council: HL 19 Jun 1997

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

Canada Trust Co and Others v Stolzenberg and Others (No 2): HL 12 Oct 2000

The plaintiffs alleged the involvement of the defendant in a conspiracy to defraud. He had been domiciled in England, but had moved to Germany. He denied that the UK court had jurisdiction. The court of appeal said that jurisdiction was determined at the issue of the writ. The defendant appealed. Held: Where one defendant was … Continue reading Canada Trust Co and Others v Stolzenberg and Others (No 2): HL 12 Oct 2000

Rutten v Cross Medical: ECJ 9 Jan 1997

rutten_crossECJ1997 ECJ Convention on Jurisdiction and the Enforcement of Judgments – Special jurisdiction – Court for the place of performance of the contractual obligation – Contract of employment – Place where the employee habitually carries out his work – Meaning – Work carried out in more than one Contracting State(Brussels Convention of 27 September 1968, … Continue reading Rutten v Cross Medical: ECJ 9 Jan 1997

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

Van den Boogaard v Laumen: ECJ 27 Feb 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

Kalfelis v Bankhaus Schroder, Munchmeyer, Hengst and Co and others: ECJ 27 Sep 1988

kalfelisECJ1988 ECJ For Article 6(1) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters to apply, a connection must exist between the various actions brought by the same plaintiff against different defendants. That connection, whose nature must be determined independently, must be of such a … Continue reading Kalfelis v Bankhaus Schroder, Munchmeyer, Hengst and Co and others: ECJ 27 Sep 1988

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

Elefanten Schuh Gmbh v Pierre Jacqmain: ECJ 24 Jun 1981

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

Moore v Moore: CA 20 Apr 2007

The family were wealthy, and had lived for some time in Spain. On the breakdown of the marriage, the wife returned to the UK, and sought ancillary relief here, though the divorce had been in Spain. The husband argued that this should be dealt with . .

Kinnear and Others v Falconfilms Nv and Others: QBD 27 Jan 1994

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 . .