Europa Brussels Convention – Proceedings to establish a fund to limit liability in respect of the use of a ship – Action for damages – Article 21 – Lis pendens – Identical parties – Court first seised – Identical subject-matter and cause of action – None – Article 25 – ‘Judgment’ – Article 27(2) – … Continue reading Maersk Olie and A/S v Firma M De Haan (Brussels Convention): ECJ 14 Oct 2004
The defendants sought a stay of the action, arguing that proceedings had begun first in Switzerland. Held: An English court became seised of an action for the purposes of the Convention at the time when the proceedings were served. Under the Lugano Convention the court vested with jurisdiction where that jurisdiction arose under art 16, … Continue reading Speed Investments Ltd and Another v Formula One Holdings Limited and Others (No 2): ChD 20 Jul 2004
The claimant began an action in England. The defendant sought a stay, saying the appropriate forum was Switzerland. Held: The defendant was a truly multi-national orgaisation and had branches in many countries. The choice of forum belongs to the claimant not the court, and it was not for the court to fetter that choice. The … Continue reading Mahme Trust v Lloyds TSB Bank plc: ChD 29 Jul 2004
The claimant brought proceedings in Switzerland (a party to the Lugano Convention) against the defendant who was domiciled in England, alleging that he had conspired with one of the claimant’s employees to misappropriate some US$ 21 million. It was conceded that there was a good arguable case against Mr Cuoghi, which would have justified worldwide … Continue reading Credit Suisse Fides Trust SA v Cuoghi; Credit Suisse Fides Trust SA and Amhurst Brown Colombotti (a Firm): CA 11 Jun 1997
This appeal raises two closely related questions of law: whether purported execution of a foreign judgment registered in the High Court pursuant to the terms of the Lugano Convention can be execution issued in respect of the judgment debt, for the purposes of section 268(1)(b) of the Insolvency Act 1986, if the execution occurred before … Continue reading Islandsbanki Hf and Others v Stanford: CA 2 Apr 2020
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
(Oral judgment, Millett LJ) The question was whether it is a proper exercise of discretion to refuse to make an order for the production of documents at an interlocutory hearing on the sole ground that they are wanted in order to establish the jurisdiction of the Court. Held: Jurisdiction depended on whether one defendant was … Continue reading Canada Trust Company and others v Stolzenberg and others: CA 28 Apr 1997
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
Two questions about the application to a defamation claim of article 27 of the Lugano Convention Judges: Lord Justice Popplewell Citations: [2021] EWCA Civ 28, [2021] 4 WLR 24, [2021] WLR(D) 38 Links: Bailii, WLRD Jurisdiction: England and Wales Defamation Updated: 14 October 2022; Ref: scu.657302
A had been chairman of the claimant bank. After removal, A fled to the UK, obtaining asylum. The bank then claimed embezzlement, and was sentenced for contempt after failing to disclose assets when ordered, but fled the UK. The Appellant, K, was A’s son-in-law living in Switzerland. It was claimed that he had assisted A … Continue reading JSC BTA Bank v Khrapunov: SC 21 Mar 2018
World-wide freezing orders had been made under the 1982 Act. The defendants were members of a Turkish family with substantial business interests in the telecommunications industry. In breach of orders made in the US some defendants had sought to hide their assets. They had failed to respond as required to orders to disclose their assest, … Continue reading Motorola Credit Corporation v Uzan and others (No 2): CA 12 Jun 2003
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
The parties were involved in an international investment dispute arbitration. An injunction had been sought to prevent repatriation of assets to Bolivia. Held: The international system of arbitration was not subject to any national law and did not therefore amount to legal proceedings which would be capable of supporting the sort of relief claimed. The … Continue reading ETI Euro Telecom International Nv v Republic of Bolivia and Another: CA 28 Jul 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
ECJ Convention on Jurisdiction and the Enforcement of Judgments – Jurisdiction in proceedings concerning contracts concluded by consumers – Concept of ‘consumer’ – Plaintiff acting in pursuance of his trade or professional activity, as the assignee of the rights of a private individual – Excluded (Convention of 27 September 1968, Art. 13, first para., and … Continue reading Shearson Lehman Hutton v Fur Vermogenswaltung and Betechigungen (TVB) mbH: ECJ 19 Jan 1993
Whether (i) a warranty given by a third party to a purchaser of intellectual property rights as to the nature of those rights could be an obligation with a place of performance within Article 5(1) of the Lugano Convention and the Judgments Regulation; and (ii) whether the place where damage was sustained as a result … Continue reading Crucial Music Corporation and Another v Klondyke Management Ag and others: ChD 25 Jul 2007
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 claimant alleged that the defendants had funded the purchase of various properties by secret and unlawful commissions taken by them whilst in power in Pakistan. They sought to recover the proceeds. They now sought permission to serve proceedings on the defendant companies abroad, outside a Lugano Convention country. Held: The claim should proced. ‘There … Continue reading Islamic Republic of Pakistan v Zardari and others: ComC 6 Oct 2006
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
The applicants, shareholders in the company, sought to stay an action in England, saying the action had first been commenced in Switzerland. Held: The issue was one of the internal management of the company. Though it did not relate to a matter of the constitution of the company it did relate to a shareholders agreement … Continue reading Speed Investments Limited, Slec Holdings LImited v Formula One Holdings Limited, Bambino Holdings Limited, Luc Argand, Emmanuele Argand-Rey: CA 12 Nov 2004
The parties to a contract had agreed that Poland should have non-exclusive jurisdiction over disputes. Poland was not a party to the Lugano Convention, but both parties were domiciled in contracting states. Held: The agreement had extended exclusive jurisdiction to the Polish courts through article 17 of the Convention. The agreement must first be interpreted … Continue reading Insured Financial Structures Ltd v Elektrocleplownia Tychy SA: CA 28 Jan 2003
Judges: Kennedy, Chadwick LJJ Citations: [2001] EWCA Civ 1132 Links: Bailii Statutes: Lugano Convention 17 Jurisdiction: England and Wales Jurisdiction Updated: 13 June 2022; Ref: scu.201160
The claimant, a foreign resident, alleged that her jewels had been stolen from a deposit box while in possession of the defendants. The defendants sought security for costs. Held: An order for security may not legitimately be based on the bare fact of residence abroad, which would amount in most cases to discrimination on grounds … Continue reading Nasser v United Bank of Kuwait: CA 11 Apr 2001
The defendants sought a stay of the proceedings saying that a Swiss court was already seised of matters involving the same issues. Judges: David Richards J Citations: [2014] EWHC 2782 (Ch) Links: Bailii Statutes: Lugano Convention 2791) Jurisdiction: England and Wales Litigation Practice Updated: 04 June 2022; Ref: scu.535634
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
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 provisions of article 5(1) of the Convention, to the effect that in matters relating to a contract a defendant domiciled in a contracting state may be sued in the courts for the place of performance of the obligation in question, introduce a criterion for jurisdiction, the selection of which is at the option of … Continue reading Siegfried Zelger v Sebastiano Salinitri: ECJ 17 Jan 1980
An English claimant sued a Swiss bank for a negligent mis-statement made in a telephone call between England and Switzerland. The Swiss banker represented that the transmission of a copy payment order by the bank to the claimant was a guarantee that payment would be made for the amount referred. The claimant relied on the … Continue reading Domicrest Ltd v Swiss Bank Corporation: QBD 7 Jul 1998
Security for costs had been ordered against a Swiss resident claimant. Although Switzerland is not in the EU or in the EEA and therefore rules against discrimination against nationals of member states did not apply, Switzerland was still a signatory to the Brussels and Lugano Conventions for enforcement of judgments. The discretion to require security … Continue reading Bunzl v Martin Bunzl International Ltd and Others: ChD 3 Aug 2000
Viscount Cave LC said that ‘by a contract of reinsurance the reinsuring party insures the original insuring party against the original loss.’ Judges: Viscount Cave LC Citations: [1925] AC 639 Jurisdiction: England and Wales Citing: Appeal from – Forsikringsaktieselskabet National (of Copenhagen) v Attorney-General CA 1924 . . Cited by: Cited – Agnew (Suing On … Continue reading Forsikringsaktieselskabet National (of Copenhagen) v Attorney-General: HL 1925
The court considered the patentability of a baby’s disposable diaper. Citations: [1992] 1 WLR 1112, [1992] FSR 549 Statutes: Lugano Convention 6 Cited by: Cited – 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 … Continue reading Molnlycke AB v Proctor and Gamble Ltd: 1992
Proceedings were issued in England for service on the defendant in Switzerland, but because of an error by the Swiss Court were not properly served. Proceedings were then issued in Sitzerland, and seisin was claimed for the Swiss Court. The claimant applied to have service dispensed with in order to obtain priority for the English … Continue reading Phillips and Another v Symes and Others (No 6): CA 19 May 2006
The court considered a jurisdiction clause in a bill of lading which referred to the carrier’s principal place of business. The central management and control of the company was in Germany and the question was whether that was also its principal place of business. Held: It was. The shareholders and officers of the shipowning company … Continue reading The Rewia: CA 1991
A prorogation clause which claimed to confer exclusive jurisdiction on the courts of one country would, if it complied with Article 17 in point of form, be given effect so as to exclude any other jurisdictions which might otherwise be competent under the Convention; but a prorogation clause which bore merely to confer non-exclusive jurisdiction … Continue reading Kurz v Stella Musical Veranstaltungs GmbH: ChD 1991
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
Gross, Glostr, Macur LJJ [2016] EWCA Civ 818 Bailii Council Regulation (EC) No. 44/ 2001, Lugano Convention 18 19 20 England and Wales Jurisdiction, Employment Updated: 22 January 2022; Ref: scu.568625
The claimants wanted to bring actions in respect of various matters under shareholders agreements in complex international joint ventures. Leave was given to serve English proceedings in Malta, and the claim form and particulars of claim were faxed and emailed and delivered by hand at the registered offices of the company and at the private … Continue reading BAS Capital Funding Corporation, Deutsche Bank Ag London, Paine Webber Capital Inc, PW Exe Lp, Pw Partners 1999 Lp v Medfinco Limited, Abacus Holdings Limited, Andreas W Gerdes, HTC Inc, etc: ChD 25 Jul 2003
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 parties disputed the trusts upon which three Gurdwaras (Sikh Temples) were held. The Court of Appeal had held that the issues underlying the dispute were to be found in matters of the faith of the Sikh parties, and had ordered a permanent stay. Held: The appeal was allowed. The matter was justiciable and should … Continue reading Shergill and Others v Khaira and Others: SC 11 Jun 2014
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
Claimant cargo owners sought to have decided in England, their dispute with the respondent. The respondent was domiciled in a country signatory to the Convention, and had offices here. Held: To establish jurisdiction for the English courts, the claimant had to show that there was a sufficient connection to say properly that the loss arose … Continue reading Anton Durbeck GmbH v Den Norske Bank ASA: CA 3 Feb 2003
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
The dutch based claimant sought damages for wrongful termination of what it said was a long-term contract. The claimant in Austria claimed the price of goods sold and delivered pursuant to a number of one-off contracts to which the defendant (claimant in Holland) responded by setting off a counterclaim for breach of the long-term contract. … Continue reading Gantner Electronic GmbH v Basch Exploitatie Maatschappij BV: ECJ 8 May 2003
The claimant in Germany sought to enforce a contract by claiming the price of a delivered machine; the claimant in Italy asked for a declaration that no contract had been entered into or, if it had, that it had been discharged by repudiatory conduct on the part of the seller. Held: These claims involved the … Continue reading Gubisch Maschinenfabrik KG v Giulio Palumbo: ECJ 8 Dec 1987
Area of Freedom, Security and Justice – Judicial cooperation in civil matters – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Lugano II Convention – Lis pendens – Concept of court – Arbitration authority under Swiss law, responsible for the conciliation procedure prior to all substantive proceedings Citations: ECLI:EU:C:2017:993, … Continue reading Schlomp v Landratsamt Schwabisch Hall: ECJ 20 Dec 2017
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
ECJ On a proper construction, Article 57 of the Brussels Convention on jurisdiction and the enforcement of judgments as amended means that, where a Contracting State is also a contracting party to another convention on a specific matter containing rules on jurisdiction, that specialized convention precludes the application of the provisions of the Brussels Convention … Continue reading The owners of the cargo lately laden on board the ship ‘Tatry’ v The owners of the ship ‘Maciej Rataj’: ECJ 6 Dec 1994
Reference for a preliminary ruling – Judicial cooperation in civil matters – Lugano II Convention – Jurisdiction, recognition and enforcement in civil and commercial matters – Jurisdiction over consumer contracts – Consumer who transfers his . .