(From High Court of Justiciary (Scotland)) The defendant had been convicted of drug trafficking. He complained that the following confiscation order had infringed his human rights being based an assumption of guilt and which was incompatible with his article 6 rights. The first question was whether he remained a person ‘charged with a criminal offence’. … Continue reading Her Majesty’s Advocate and Another v Mcintosh: PC 5 Feb 2001
(Gilbraltar) The parties disputed the management contract for a racing yacht, and also the juridiction of the Supreme Court of Gibraltar to hear the case. Bols said that under regulation 2(1) Gibraltar had no jurisdiction. Held: The English court had jurisdiction by virtue of the clear agreement of the parties. That parts of the agreement … Continue reading Bols Distilleries VB (T/A As Bols Royal Distilleries) and Another v Superior Yacht Services Ltd: PC 11 Oct 2006
The court was asked whether a constructive trust claim based on dishonest assistance is a matter ‘relating to tort, delict or quasi delict’ for the purpose of Article 5(3) of the Brussels Convention? Held: A constructive trust claim based upon dishonest assistance is within the scope of Article 5(3). The loss took place where the … Continue reading Casio Computer Co Ltd v Sayo and others: CA 11 Apr 2001
ECJ Opinion – Judicial cooperation in civil and commercial matters Jurisdiction and recognition and enforcement of judgments Regulation (EC) No 44/2001 Article 71 Conventions concluded by the Member States in relation to particular matters Convention on the Contract for the International Carriage of Goods by Road (CMR) Judges: V. Skouris, P Citations: [2010] EUECJ C-533/08 … Continue reading TNT Express Nederland v AXA Versicherung AG: ECJ 4 May 2010
The Alexander T, owned by the appellant and insured by the respondents was a total loss. The insurers resisted payment, the appellant came to allege improperly, and the parties had settled the claim on full payment under a Tomlin Order. The owners later began proceedings in Greece claiming what the defendants said were the same … Continue reading Starlight Shipping Co v Allianz Marine and Aviation Versicherungs Ag and Others: CA 20 Dec 2012
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
Conflict of laws. Re-insurers sought to invalidate a claim alleging misrepresentation or non-disclosure. Did the duty of disclosure continue after the contract was in place.Evans LJ, dissenting said: ‘the reference in Article 5(1) to ‘the obligation in question’ ought not to be considered in isolation from the remaining words in Article 5(1), any more, that … Continue reading Agnew and others v Lansforsakringsbolagens: CA 31 Jul 1997
Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their parents. Suspicions of abuse had arisen in 1987, but they were given effective support only in … Continue reading Z And Others v The United Kingdom: ECHR 10 May 2001
Security for costs should not to be granted against an EC National in the absence of some particular difficulty. The Treaty required citizens of other states which were signatories of the convention. The importance of accurate evidence is particularly acute on an application without notice, and the duty of disclosure on such an application was … Continue reading Fitzgerald and Others v Williams and Others O’Regan and Others v Same: CA 3 Jan 1996
An English Court becomes seised of a case on the service of the writ. Steyn LJ: ‘the general thrust of the Dresser UK Ltd case is not only binding on us but . . . is correct’. There were no ‘exceptions to the rule that date of service marks the time when the English court … Continue reading Neste Chemicals SA and Others v DK Line Sa and Another (“The Sargasso”): CA 4 Apr 1994
Time share lettings are not rights in rem. UK consumer law applies to loans made for their purchase, and UK banks are liable for misrepresentations made by foreign companies if they are providing the finance. Judges: Morris Ward, Potter LJJ Citations: Times 18-Nov-1996, Gazette 12-Feb-1997, [1996] EWCA Civ 847, [1999] QB 1, [1997] CLC 391, … Continue reading Jarrett v Barclays Bank Plc, Royal Bank of Scotland Plc and Jones v First National Bank Plc and Peacock v First National Bank Plc: CA 31 Oct 1996
Appeal from order declining jurisdiction.Lewison LJ pointed out: ‘So far as the question of irreconcilable judgments is concerned, I wish to reserve my opinion for a case in which it matters. I simply make the following observations. Judgment in The Tatry was given on 6 December 1994. Shevill was argued before the Grand Chamber on … Continue reading Euroeco Fuels (Poland) Ltd and Others v Szczecin and Swinoujscie Seaports Authority Sa and Others: CA 11 Nov 2019
The parties had disputed insurance claims after the foundering of the Alexandros T. After allegations of misbehaviour by the underwriters, the parties had settled the claims in a Tomlin Order. Five years later, however, the shipowners began proceedings in Greece making substantially similar allegations and claims, but under the equivalent in Greek law. In response … Continue reading In re The Alexandros T: SC 6 Nov 2013
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 of 9 October 1978 on the accession of the Kingdom of Denmark, Ireland and the … Continue reading Shevill, Ixora Trading Inc., Chequepoint SARL and Chequepoint International Ltd v Presse Alliance SA: ECJ 7 Mar 1995
Mother’s appeal against orders which registered, and permitted enforcement of, a judgment made the Tribunal de Grande Instance d’Evry. Those orders for registration and enforcement were made pursuant to Article 28(2) of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the … Continue reading MD v CT: FD 25 Mar 2014
Judges: David Richards, Flaux, Newey LJJ Citations: [2019] EWCA Civ 1708, [2019] WLR(D) 565 Links: Bailii, WLRD Statutes: Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (2007) 6(1) Jurisdiction: England and Wales Jurisdiction Updated: 31 August 2022; Ref: scu.642673
Proceedings were brought in England. The respondents sought a stay, saying the company was subject to insolvency proceedings in Germany. Held: Our domestic insolvency law was not applicable to foreign proceedings, and so could not be used to order a stay of proceedings here. (a) the English court has jurisdiction to determine Apex’s claim for … Continue reading Mazur Media Limited and Another v Mazur Media Gmbh in Others: ChD 8 Jul 2004
The claimant sought damages after the defendant had negligently failed to arrange for the service of the claimant’s defamation proceedings on a defendant in Iceland leaving the action time barred. Held: The Claimant had not acted unreasonably in seeking to recover his loss and, in particular, in respect of the judgment and costs awarded in … Continue reading Olafsson v Foreign and Commonwealth Office: QBD 22 Oct 2009
ECJ (Opinion) Judicial cooperation in civil Jurisdiction, recognition and enforcement of judgments – Regulation (EC) No 44/2001 Scope Conventions Member States in specific matters CMR Lis another court Judges: Kokkott AG Citations: C-533/08, [2010] EUECJ C-533/08 Links: Bailii Statutes: Regulation (EC) No 44/2001 Jurisdiction: European Cited by: Opinion – TNT Express Nederland v AXA Versicherung … Continue reading TNT Express Nederland v AXA Versicherung AG: ECJ 28 Jan 2010
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
Article 35-1 Six month period Failure to lodge timely application concerning failure of insolvent State entity to pay judgment debt: inadmissible Facts – Between 2003 and 2005 the applicants obtained final court orders against their former employer, a ‘socially/State-owned’ company, requiring it to pay them salary arrears and social security reimbursements. In 2005 insolvency proceedings … Continue reading Sokolov And Others v Serbia (Dec): ECHR 14 Jan 2014
The claimants sought damages in defamation in respect of a letter faxed by the first defendant to the other defendants in London. The first defendant said that it had state immunity, and the other claimed similar benefits acting as the bank’s employees. The claimant now appealed against his action being struck out for lack of … Continue reading Grovit v De Nederlandsche Bank Nv and Others: CA 24 Jul 2007
Europa (Opinion) Regulation (EC) No 44/2001 Scope Arbitration Order restraining a person from commencing or continuing proceedings before the national courts of another Member State instead of before an arbitral body (anti-suit injunction).The court discussed the principal of mutual trust: ‘Having regard to the principle of mutual trust referred to above, the court has stated … Continue reading Allianz Spa (Anciennement Riunione Adriatica Di Sicurta) v West Tankers Inc (Judgments Convention/Enforcement of Judgments) (‘the Front Comor’): ECJ 4 Sep 2008
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
A ship had foundered, and the owners disputed their insurance claim. The policy provided for arbitration in London, and one party sought an order to prevent the other commencing proceedings in another EU state in breach of the arbitration agreement. Held: English authority and European thought differed, and the matter should be referred to the … Continue reading West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and others (The Front Comor): HL 21 Feb 2007
The mother sought the return of her children to France. Her summons had been dismissed after balancing the policy of the Convention against the strength of the child’s objection to return together with certain welfare considerations. The discretionary balance was weighted against the making of a return order. Held: The appeal succeeded. The welfare considerations … Continue reading Vigreux v Michel and Another: CA 18 May 2006
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 (non-enforcement of judgments); Violation of P1-1; Remainder inadmissible; Pecuniary damage – financial award; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic and convention proceedings. Citations: 39866/02 Jurisdiction: Human Rights Human Rights Updated: 04 July 2022; Ref: scu.235171
The defendants who were resident in Greece appealed a decision that the English court had jurisdiction over them, by virtue of a close connection of the matter with earlier proceedings heard here. Held: The fact that the defendants were all defendants in the earlier proeedings was what mattered. That these were new proceedings did not … Continue reading Masri v Consolidated Contractors International (UK) Ltd: CA 24 Oct 2005
Officers of the claimant had been found to have defrauded the plaintiff of many millions of pounds. Money had been paid through the defendant, a Swiss bank, and a garnishee order was sought. There was no presumption that, merely because a debt was a foreign debt, garnishee relief should be refused. The real issue was … Continue reading Kuwait Oil Tanker Company S A K Sitka Shipping Incorporated v UBS Ag: CA 25 Jan 2002
Citations: [2003] EWCA Civ 145 Links: Bailii Statutes: Brussels Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters 1968 Jurisdiction: England and Wales Jurisdiction Updated: 30 June 2022; Ref: scu.181134
Appeal against anti-suit order. The court ordered that since the question of whether an anti-suit injunction could be made to restrain proceedings abroad had been decided in Through Transport, that issue could go straight to the House of Lords. Judges: Mr Justice Colman Citations: [2005] EWHC 454 (Comm) Links: Bailii Statutes: EC Regulation 44/2001, Administration … Continue reading West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and Another (“The Front Comor”): ComC 21 Mar 2005
The defendant wished to make a claim against another party outside the jurisdiction and was granted permission to serve documents which were headed ‘defence and counterclaim’. The proposed defendant argued that such a document could be served in this way. Held: The defendant should apply to the court for leave to add the party outside … Continue reading Shahar v Tsitsekkos and others: ChD 17 Nov 2004
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 (non-enforcement of judgments); Violation of P1-1; Not necessary to examine Art. 13; Remainder inadmissible; Pecuniary damage – financial award; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic and convention proceedings. Citations: 24654/03 Jurisdiction: Human Rights Human Rights Updated: … Continue reading Bobrova v Russia: ECHR 17 Nov 2005
ECJ The concept of ‘matters relating to a contract’ in article 5(1) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters is to be regarded as an independent concept which, for the purpose of the application of the convention, must be interpreted by reference principally … Continue reading Sprl Arcado v Sa Haviland: ECJ 8 Mar 1988
1. The concept of matters relating to a contract in article 5(1) of the convention of 27 september 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters should not be interpreted simply as referring to the national law of one or other of the member states concerned, but should be regarded … Continue reading Martin Peters Bauunternehmung Gmbh v Zuid Nederlandse Aannemers Vereniging: ECJ 22 Mar 1983
The plaintiff had been injured in an accident and had sued and recovered damages for his injuries in France. Later, his condition deteriorated. In France he would have been able to revive his action to claim further damages, but he sought a similar right from an English Court, claiming a right to do so under … Continue reading Henderson v Jaouen and Another: CA 1 Feb 2002
Article 37 Special circumstances requiring further examination Unilateral declarations in individual cases not addressing systemic problem: request to strike out rejected Article 46 Pilot judgment General measures Respondent State required to provide effective domestic remedies in cases of non-enforcement or delayed enforcement of judgments imposing obligations in kind Facts – The applicants are all Russian … Continue reading Gerasimov And Others v Russia: ECHR 1 Jul 2014
ECJ Article 37(2) and the first paragraph of Article 38 of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, as amended by the Convention of 9 October 1978 on the Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and … Continue reading SISRO v Ampersand Software: ECJ 11 Aug 1995
ECJ Judgment – Convention on Jurisdiction and the Enforcement of Judgments – Special jurisdiction – Counterclaim – Definition – Claim by the defendant in the main proceedings seeking the pronouncement of a separate judgment or decree Defence seeking to set off a claim by the defendant against a claim by the plaintiff – Excluded Citations: … Continue reading Danvaern Production v Schuhfabriken Otterbeck: ECJ 13 Jul 1995
Europe Convention on Jurisdiction and the Enforcement of Judgments – Jurisdiction over consumer contracts – Contract with a party not domiciled or having a branch, agency or other establishment in a Contracting State, out of whose operation the dispute arises – Jurisdiction under the Convention of the courts of the State in which the consumer … Continue reading Brenner and Noller v Dean Witter Reynolds (Judgment): ECJ 15 Sep 1994
Where a bankrupt was joint owner of property abroad but within the European Community, an English court could order the property to be sold and the proceeds paid to the trustee. Such an order could not be made against the land itself, but could be effective against the bankrupt in personam. The bankrupt and his … Continue reading Pollard and Another v Ashurst: ChD 16 Mar 2000
(Rec 1991,p I-4743) (Judgment) 1. The second paragraph of Article 37 of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters is to be interpreted as meaning that a decision taken under Article 38 of the Convention by which the court with which an appeal has … Continue reading Van Dalfsen and others v Van Loon and others: ECJ 4 Oct 1991
The respondent had been refused an order for security for costs. He was US resident abroad but had assets in Switzerland, and the judge had considered herself unable to make the order under the Rules and the Convention. The assets would be easily removed, and may not even be capable of being pursued, and accordingly … Continue reading Hans David De Beer v Kanaar and Co (a Firm): CA 9 Aug 2001
The appellants were all Danish companies put into liquidation for asset stripping in contravention of Danish law. The respondent was resident in the UK and had owned them. The Danish tax authorities issued tax demands and the liquidators now sought a similar sum in damages against the respondent. Held: An English court will not enforce … Continue reading QRS 1 APS and others v Frandsen: CA 21 May 1999
The defendants sought a declaration that they would not be liable in respect of their potential involvement in a pending action. The appellants asserted that such a declaration could not be granted since no proceedings were yet in issue. The court said that such orders might be useful in simplifying international court actions, and that … Continue reading Messier-Dowty Ltd and Another v Sabena Sa and Others: CA 21 Feb 2000
An action relating to misrepresentation before a contract of re-insurance is, within the Lugano Convention, an action relating to a contract, rather than to insurance. Accordingly the appropriate forum for any litigation was the place where the obligation under question was to be performed rather than that of the domicile of the defendant. The assumption … Continue reading Agnew (Suing On His Own Behalf and In a Representative Capacity on Behalf of all Members of Lloyd’s Syndicates 672, 79, 1023 and 590) and Others v Lansforsakringsbolagens A B: HL 17 Feb 2000
The Brussels Convention requires an insurance company to commence a claim against an insured in the country in which it operates. This applies also to non-convention countries, and a counterclaim may not add a new party from another jurisdiction. Citations: Times 17-Dec-1998, [1998] UKHL 49; [1999] 2 AC 127; [1999] 2 WLR 134; [1999] 1 … Continue reading Baltic Insurance Group v Jordan Grand Prix Limited and Others and Quay Financial Software Limited and Others (By Counter Claim and One Other Action): HL 20 May 1998
A UK court may not decline jurisdiction in enforcing Dutch copyright law if it is asked to do so. Citations: Times 17-Mar-1997, Gazette 16-Apr-1997 Statutes: Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (1968) (Cmnd 7395) Jurisdiction: England and Wales Cited by: Appeal from – Pearce v Ove Arup Partnership … Continue reading Pearce v Ove Arup Partnership Ltd and Others: ChD 17 Mar 1997
An English court does have power to order a non-resident non-party to contribute to the costs of a case, where that party was domiciled in a convention country. Here the third party was alleged to be the alter ego of the actual party. There was no requirement to have sued that third party first under … Continue reading National Justice Compania Naviera Sa v Prudential Assurance Co Ltd (No 2): CA 15 Oct 1999
In a case alleging knowing assistance in the fraudulent transfer of funds through the banking system, acts forming part of the events had occurred within the jurisdiction. It was proper to join a defendant to the action here, even though he was resident in Spain. Under the Convention the defendants could be sued either in … Continue reading Casio Computer Co Ltd v Sayo and Others: CA 8 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
English proceedings were issued to claim against a partnership. Simultaneously proceedings were issued in Greece, but the Greek proceedings were served on the London parties first. The plaintiffs in Greece asked the English court to issue a stay of the English proceedings, they having issued first in Greece. The stay was granted. There had been … Continue reading Phillips and Another v Robin James Symes and Robin Symes Ltd: ChD 9 Jul 2001
Plaintiffs who lived in Russia sought damages for defamation against an American magazine with a small distribution in England. Both plaintiffs had real connections with and reputations in England. A judgment in Russia would do nothing to repair the reputations in England, and accordingly the proper place to sue was in England. Under English law … Continue reading Berezovsky v Forbes Inc and Michaels; Glouchkov v Same: HL 16 May 2000
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
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
A court has an inherent power to injunct a party not to institute or continue proceedings abroad, where they appear intended purely to harass another party in proceedings here. The two actions here were based upon the ‘same contractual relationship’ and concerned the ‘same subject matter’. This is not limited to cases of exclusive jurisdiction … Continue reading Turner v Grovit and others: CA 28 May 1999
The particular areas which fall under Article 16, certain disputes regarding tenancies, companies, registers, industrial property and the enforcement of judgments, are matters which, because of their particular difficulty or complexity, require that the court having jurisdiction should be particularly familiar with the relevant national law. Judges: Lenz AG Citations: Case 220/84, [1985] ECR 2267 … Continue reading AS-Autoteile Service GmbH v Pierre Malhe (Judgment): ECJ 4 Jul 1985
A pre-contractual obligation is not an obligation under s5.1 of the Convention. Citations: Times 04-Aug-1994 Statutes: Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1988 5.1 Insurance Updated: 10 April 2022; Ref: scu.89962
A term which had only been found to be implied into a contract could still prove to be central to its performance and so could be the deciding factor in a claim for jurisdiction under the Brussels Convention. Citations: Times 25-Sep-1998 Statutes: Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial … Continue reading Raiffeisen Zentralbank Osterreich Aktiengesellschaft v National Bank of Greece Sa: QBD 25 Sep 1998
Convention on Jurisdiction and Enforcement of Judgments – Scope – Matters excluded – Arbitration – Meaning – Application to a court for the appointment of an arbitrator – Included – Need to settle a preliminary question concerning the existence or validity of the arbitration clause – No effect (Convention of 27 September 1968, Article 1(4)) … Continue reading Rich v Societa Italiana Impianti (Rec 1991,p I-3855) (Judgment): ECJ 25 Jul 1991
ECJ (Judgment) Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility – Regulation (EC) No 2201/2003 – Provisional, including protective, measures – Recognition and enforcementAn order made under article 20 is not enforceable in another member state Citations: [2010] EUECJ C-256/09, [2010] … Continue reading Purrucker v Valles Perez (No 1): ECJ 15 Jul 2010
Europa A discharge into the French part of the Rhine of saline waste caused alleged damage to the horticultural business of the first plaintiff, and to the waters of the Rhine in general in the Netherlands. Held: Both the place of the event giving rise to the damage and the place where the damage occurred … Continue reading Handelskwekerij G. J. Bier BV v Mines de potasse d’Alsace SA: ECJ 30 Nov 1976
ECJ Article 21 of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters must be interpreted as meaning that the rules applicable to lis alibi pendens set out therein must be applied irrespective of the domicile of the parties to the two sets of proceedings. Without … Continue reading Overseas Union Insurance Ltd and others v New Hampshire Insurance Company: ECJ 27 Jun 1991
ECJ The expression ‘place where the harmful event occurred’ contained in Article 5(3 ) of the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters may refer to the place where the damage occurred, but the latter concept can be understood only as indicating the place where … Continue reading Dumez France SA and Tracoba SARL v Hessische Landesbank and others: ECJ 11 Jan 1990
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 ‘harmful event’ occurred where the physical damage was suffered and not at the time and place of a later financial loss. Europa The term ‘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 does not, … Continue reading Marinari v Lloyd’s Bank: ECJ 19 Sep 1995
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
Europa Where the place of the happening of the event which may give rise to liability in tort, delict or quasi-delict and the place where that event results in damage are not identical, the expression ‘place where the harmful event occurred’, in article 5(3) of the convention of 27 September 1968 on jurisdiction and the … Continue reading Handelskwekerij GJ Bier Bv v Mines De Potasse D’Alsace Sa: ECJ 30 Nov 1976
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 kind … Continue reading Kalfelis v Bankhaus Schroder, Munchmeyer, Hengst and Co and others: ECJ 27 Sep 1988
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
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
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
ECJ Judicial co-operation in civil matters – Jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility – Regulation (EC) No 2201/2003 Substantive scope – Definition of ‘civil matters’ – Decision relating to the taking into care and placement of children outside the family home – Child’s habitual … Continue reading A (Area of Freedom, Security and Justice): ECJ 2 Apr 2009
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
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments – Civil and commercial matters – Lugano II Convention – Article 15(1)(c) – Jurisdiction over consumer contracts – Transfer of the consumer’s domicile to another State bound by the convention C-296/20, [2021] EUECJ C-296/20 Bailii European Jurisdiction … Continue reading Commerzbank (Judicial Cooperation In Civil Matters – Jurisdiction – Judgment): ECJ 30 Sep 2021
The court was asked whether it should order the return to France of two little girls who have been living with their mother in Scotland since July 2013. The issue arose under article 3 of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, as incorporated into the law of the United … Continue reading AR v RN (Scotland): SC 22 May 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
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 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
The appellant asked whether the statutory review of a housing authority’s decision on whether he was intentionally homeless was a determination of a civil right, and if so whether the review was of the appropriate standard. The claimant said that she had not received a letter informing her of the consequences of not accepting an … Continue reading Tomlinson and Others v Birmingham City Council: SC 17 Feb 2010
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
(Judgment) Where proceedings were brought in two member states, the second proceedings should not be automatically stayed where there was a difference in the actions such as an additional cause of action in the second claim. Lis alibi pendens is not appropriate in such a case. Cases which in fact involved different parties (ship owner … Continue reading Drouot assurances v Consolidated metallurgical industries and others: ECJ 19 May 1998
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
Right to be Forgotten is not absolute The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims were in Data Protection and the common law tort of … Continue reading NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018
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
Islamic Nikah Ceremony did not create a marriage The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their dispute, the … Continue reading Her Majesty’s Attorney General v Akhter and Another: CA 14 Feb 2020
Where a court is seised of one case arising from a breach of contract arising within its own jurisdiction, it does not have power also to deal with a claim arising under the same contract but arising from a different breach occurring in a different . .
ECJ The function of the Court, as envisaged by the Protocol of 3 June 1971 on the interpretation by the Court of Justice of the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in . .
Judgment – Where proceedings are initiated against a person without his knowledge and a lawyer appears before the court first seised on his behalf but without his authority, such a person is quite powerless to defend himself and must be regarded as . .
ECJ (Opinion) Regulation (EC) no 44/2001 Article 5, point 1 Competence in contractual matters Contract having as its object the supply of services Concept of’ services ‘License contract Intellectual property . .
References: Times 04-Apr-1994, [1994] 3 All ER 180 Coram: Steyn LJ, Peter Gibson LJ and Sir Tasker Watkins Ratio: An English Court becomes seised of a case on the service of the writ. Steyn LJ: ‘the general thrust of the Dresser UK Ltd case is not only binding on us but . . . is … Continue reading Neste Chemicals SA and Others v DK Line Sa and Another (‘The Sargasso’): CA 4 Apr 1994
References: Times 04-Apr-1994, [1994] 3 All ER 180 Coram: Steyn LJ, Peter Gibson LJ and Sir Tasker Watkins An English Court becomes seised of a case on the service of the writ. Steyn LJ: ‘the general thrust of the Dresser UK Ltd case is not only binding on us but . . . is correct’. … Continue reading Neste Chemicals SA and Others v DK Line Sa and Another (The Sargasso”): CA 4 Apr 1994″
In a dispute between an Italian company and British one, each sought to have the case heard in its own country. The British company asserted that the case begun in Italy had been begun after at best misrepresentation by the other company, and sought an injunction preventing its being heard in Italy. The UK court … Continue reading Molins Plc v G D Spa: ChD 24 Feb 2000
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 by a Spanish court. Held: The court could not understand … Continue reading Moore v Moore: CA 20 Apr 2007
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 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 right of appeal. The claimant sought to enforce the judgement here. … Continue reading Wim Harry Gerard Maronier v Bryan Larmer: CA 29 May 2002
The plaintiffs said the first defendant had defrauded them of substantial sums, and implicated other defendants. They claimed against five defendants variously for conspiracy to defraud and deceit and for breach of warranty. They also sought to trace the sum of andpound;383,872 paid under a mistake of fact induced by fraud, into an account with … Continue reading A v C (Note): ChD 1980
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
