Questions as to the court’s approach to the registration in this jurisdiction of a judgment of a German court under Council Regulation (EC) 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters. In particular, the court is asked to consider whether that registration should be set aside when the … Continue reading Windhorst v Levy: QBD 6 May 2021
(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
Application for stay under the 1996 Act or alternatively under the Regulation. Judges: Gloster DBE J Citations: [2010] EWHC 2567 (Comm), [2011] ILPr 13, [2011] 1 Lloyds Rep 252 Links: Bailii Statutes: Council Regulation (EC) 44/2001, namely the Jurisdiction and Judgments Regulation 2, Arbitration Act 1996 9 Jurisdiction: England and Wales European, Arbitration Updated: 12 … Continue reading Claxton Engineering Services Ltd v TXM Olaj-Es Gazkutato Kft: ComC 15 Oct 2010
The clamants brought actions for damages for torts said to have been committed by the defendants in Russia. They said that the defendant was domiciled within the jurisdiction under the EU Regulation. Held: Domicile for the issue of jurisdiction is now governed by the 1982 Act. It would not be realistic to describe the defendant … Continue reading High Tech International Ag and others v Deripaska: QBD 20 Dec 2006
The claimants, insurers, relied upon an exclusive jurisdiction clause contained in a binder given to a Greek broker. It set England and Wales for any dispute. The insurers had terminated the binder alleging fraudulent conduct by the broker. A declaration and damages were sought, but proceedings had not served when the broker sued the insurers … Continue reading Underwriting Members of Lloyd’s Syndicate 980 and others v Sinco Sa: ComC 29 Jul 2008
The court was asked whether an English court can recognise and enforce an order of the court of the Turkish Republic of Northern Cyprus. Held: Judgements of the courts of the Turkish Republic of Northern Cyprus were not enforceable in England. The Republic was not recognised either by the UK or by any other country … Continue reading Orams and Another v Apostolides: QBD 6 Sep 2006
Whether the High Court had jurisdiction to grant a worldwide freezing order following registration of a judgment under Council Regulation (EC) 44/2001 (the Regulation) in this case and whether the order should have contained the usual undertaking that ‘if the court later finds that this order has caused [anyone other than the respondent] loss, and … Continue reading Banco Nacional De Comercio Exterior Snc v Empresa De Telecommunicaciones De Cuba Sa and Another: CA 4 Jul 2007
The parties had each begun proceedings in different jurisdictions within the European Union. They disputed which court was first seised. Held: The issue was decided by looking at when, in each case, the document instituting the proceedings was first lodged at court. Different jurisdictions within the Union had different procedures, but article 30 of the … Continue reading Benatti v WPP Holdings Italy Srl and others: CA 28 Mar 2007
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
The applicant was a Part 20 defendant in a cross action brought between two other parties. It sought to have its own claim against the original claimant heard as a counterclaim. Held: Article 6 should not be construed so widely as to allow a cross claim by someone other than the original defendant to the … Continue reading Dollfus Mieg et Cie v CWD International Ltd; LBJ Regents Ltd and another v Dolifus Mieg et Cie: QBD 17 Mar 2003
Application to contest jurisdiction is mainly about Article 5(1) of Council Regulation (EC) 44/2001 [2014] EWHC 3810 (Comm), [2015] Bus LR 578, [2015] ILPr 8 Bailii England and Wales European, Jurisdiction Updated: 24 December 2021; Ref: scu.539344
The court had no jurisdiction in a claim by the three claimants against their mother, the first defendant, arising out of a trust created by their father. The family was Spanish and the trust was expressed to be governed by English law. The defendants said that the income subject to the claim was subject to … Continue reading Gomez and others v Encarnacion Gomez-Monche Vives and others: ChD 18 Feb 2008
The claimant had obtained an order in the Nicosia in the Republic of Cyprus and sought to enforce it in the UK court. The High court declined, and it was referred to the ECJ which in turn found that it could be registered. The defendant now challenged that decision saying that the court’s presiding judge … Continue reading Apostolides v Orams and Others: CA 19 Jan 2010
ECJ Brussels Convention – Territorial scope of the Brussels Convention – Article 2 – Jurisdiction – Accident which occurred in a non – Contracting State – Personal injury – Action brought in a Contracting State against a person domiciled in that State and other defendants domiciled in a non – Contracting State – Forum non … Continue reading Owusu v Jackson: ECJ 1 Mar 2005
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
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
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 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
Judges: Tugendhat J Citations: [2013] EWHC 53 (QB) Links: Bailii Statutes: Council Regulation (EC) No 44/2001 Citing: Cited – FBTO Schadeverzekeringen v Jack Odenbreit ECJ 13-Dec-2007 ECJ Regulation (EC) No 44/2001 – Jurisdiction in matters relating to insurance – Liability insurance – Action brought by the injured party directly against the insurer – Rule of … Continue reading Wall v Mutuelle De Poitiers Assurances: QBD 25 Jan 2013
Citations: [2012] EWCA Civ 1467 Links: Bailii Statutes: Council Regulation (EC) No 1346/2000, Council Regulation (EC) No 44/2001 Jurisdiction: England and Wales Insolvency, European Updated: 06 November 2022; Ref: scu.465830
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
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
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 parties requested that a question be referred to the ECJ namely: ‘Are proceedings, in which a public authority alleges that an interest rate swap contract into which it has entered with a financial institution is invalid on grounds that it has exercised powers available to it (under its national administrative law as a public … Continue reading DEPFA Bank Plc v Provincia Di Pisa: ComC 23 Mar 2012
The claimants sought repayment of sums said to have been advanced to the defendant as loans. The defendant requested a declaration that the court had no jurisdiction, the Czech court being first seized of a dispute between the parties. Judges: Tugendhat J Citations: [2009] EWHC 2726 (QB), [2010] 1 All ER (Comm) 902, [2009] 2 … Continue reading Debt Collection London Ltd and Another v SK Slavia Praha-Fotbal AS: QBD 3 Nov 2009
The claimants asked the court to exercise jurisdiction over a yacht purchased by the defendant company incorporated and domiciled in France with money from the insolvent company. Held: The court did not have jurisdiction. Article 2 of the regulation applied so as to require the matter to go before the courts in France. The exception … Continue reading Byers and Others (Liquidators of Madoff Securities International Ltd) v Yacht Bull Corporation and Another: ChD 1 Feb 2010
Injury suffered whilst on holiday in Tenerife Judges: Moore-Bick, Black, Gloster LJJ Citations: [2015] EWCA Civ 598, [2015] 2 CLC 15, [2016] Lloyd’s Rep IR 94, [2015] WLR(D) 265, [2016] 1 WLR 905, [2015] CP Rep 39 Links: Bailii, WLRD Statutes: Council Regulation (EC) No 44/2001 11(2) Jurisdiction: England and Wales Jurisdiction, Personal Injury, European … Continue reading Mapfre Mutualidad Compania De Seguros Y Reaseguros Sa and Another v Keefe: CA 17 Jun 2015
Reasons for order refusing the Defendants’ application for a stay of these proceedings pursuant to Article 28 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Judges: Gloster J Citations: [2011] EWHC 2967 (Comm) Links: Bailii Jurisdiction: England and Wales Jurisdiction Updated: 05 May … Continue reading Seven Licensing Company Sarl and Another v Ffg-Platinum Sa and Others: ComC 16 Nov 2011
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
ECJ (Judgment) A West Tankers ship damaged a jetty in Syracuse. An agreement provided for an arbitration in London. The insurers having paid out brought a subrogated action in Italy. West Tankers sought an order in England to restrain the Italian proceedings because of the arbitration agreement. Held: It was not open to the courts … Continue reading Allianz Spa (Anciennement Riunione Adriatica Di Sicurta) v West Tankers Inc (‘the Front Comor’): ECJ 10 Feb 2009
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
Application by the Defendant for a declaration that the court did not have jurisdiction over it in respect of the subject matter of the claim and for an order setting aside service of the Claim Form. Held: The English courts had jurisdiction. The exclusive jurisdiction clause was a benefit derived from the contract, and its … Continue reading AMT Futures Ltd v Marzillier, Dr Meier and Dr Guntner Rechtsanwaltsgesellschaft Mbh: ComC 11 Apr 2014
The claimants alleged negligence causing them personal injury and other losses arising from pollution from mining operations of the defendants in Zambia. The company denied jurisdiction. In the Court of Appeal the defendants’ appeals were dismissed. Held: The appeals failed save that the UK was not the proper jurisdiction to bring the case. The claim … Continue reading Vedanta Resources Plc and Another v Lungowe and Others: SC 10 Apr 2019
The defendant H appealed against a refusal of a stay of the action under the 1996 Act on the basis of Brussels I. Held: The appeal failed. Article 22 was to be narrowly construed, and it should be no wider than is needed to satisfy the objective of the provisions. However, the costs order had … Continue reading Magiera v Magiera: CA 15 Dec 2016
Appeal by the defendant, Mr Binstock, against the order of His Honour Judge Barker QC, sitting as a judge of the High Court, made on 8 May 2015, declaring that the court had jurisdiction to hear what has been described as the third claim of the claimant, JEB Recoveries LLP (‘JEB’), and dismissing an application … Continue reading JEB Recoveries Llp v Binstock: CA 19 Oct 2016
The court was asked: ‘first, whether, in the case of a worldwide freezing order obtained in a foreign jurisdiction, the effect of obtaining an order under Article 38 of the Judgments Regulation (Council Regulation (EC) No. 44/2001 of 22 December 2000) (the ‘Judgments Regulation’) permitting the registration of the worldwide freezing order as a judgment … Continue reading Cyprus Popular Bank Public Co Ltd v Vgenopoulos and Others: QBD 22 Jun 2016
The claimant was injured in a car accident in France. The defendant insurer said that the quantification of damages was to be according to French law and the calculation of interest also. The claimant said that English law applied. Held: The assessment of damages is a procedural matter, and is governed by the law of … Continue reading Knight v Axa Assurances: QBD 24 Jul 2009
The defendant challenged a decision that the English court had jurisdiction to hear a claim in contract saying that the appropriate court was in Cyprus. The cargo was taken by ship from Liverpool to Limassol. An English court would only have jurisdiction of the cargo was ‘delivered’ in England. Held: The cargo was delivered on … Continue reading Scottish and Newcastle International Limited v Othon Ghalanos Ltd: HL 20 Feb 2008
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
Third Party not bound by jurisdiction clause ECJ (Judicial Cooperation In Civil Matters Area of Freedom, Security and Justice : Judgment) Language of the case: Greek. for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EC) No 44/2001- Article 23 … Continue reading Leventis and Vafias v Malcon Navigation Co Ltd and another: ECJ 28 Jun 2017