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Pollard and Another v Ashurst: ChD 16 Mar 2000

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

QRS 1 APS and others v Frandsen: CA 21 May 1999

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

Messier-Dowty Ltd and Another v Sabena Sa and Others: CA 21 Feb 2000

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

Pearce v Ove Arup Partnership Ltd and Others: ChD 17 Mar 1997

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

National Justice Compania Naviera Sa v Prudential Assurance Co Ltd (No 2): CA 15 Oct 1999

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

Turner v Grovit and others: CA 28 May 1999

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

Trasporti Castelleti Spedizioni Internazionali SpA v Hugo Trumpy SpA: ECJ 30 Jun 1999

The conduct of parties with usage consistent with rules under the convention governing consent to jurisdiction, and where they ought to know of such rules, made such rules part of their contract. Such usage is determined by the trade practice rather than national or international law. A national court must look to such trade usage … Continue reading Trasporti Castelleti Spedizioni Internazionali SpA v Hugo Trumpy SpA: ECJ 30 Jun 1999