Search Results for: Lugano Convention 17

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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

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

Siegfried Zelger v Sebastiano Salinitri: ECJ 17 Jan 1980

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

Schlomp v Landratsamt Schwabisch Hall: ECJ 20 Dec 2017

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

Speed Investments Ltd and Another v Formula One Holdings Limited and Others (No 2): ChD 20 Jul 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

Anton Durbeck GmbH v Den Norske Bank ASA: CA 3 Feb 2003

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

Agnew and others v Lansforsakringsbolagens: CA 31 Jul 1997

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

In re The Alexandros T: SC 6 Nov 2013

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

JSC BTA Bank v Khrapunov: SC 21 Mar 2018

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

Motorola Credit Corporation v Uzan and others (No 2): CA 12 Jun 2003

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

ETI Euro Telecom International Nv v Republic of Bolivia and Another: CA 28 Jul 2008

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

Crucial Music Corporation and Another v Klondyke Management Ag and others: ChD 25 Jul 2007

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

West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and others (The Front Comor): HL 21 Feb 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

Islamic Republic of Pakistan v Zardari and others: ComC 6 Oct 2006

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

Insured Financial Structures Ltd v Elektrocleplownia Tychy SA: CA 28 Jan 2003

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

Forsikringsaktieselskabet National (of Copenhagen) v Attorney-General: HL 1925

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

Phillips and Another v Symes and Others (No 6): CA 19 May 2006

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

Kurz v Stella Musical Veranstaltungs GmbH: ChD 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

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

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

The owners of the cargo lately laden on board the ship ‘Tatry’ v The owners of the ship ‘Maciej Rataj’: ECJ 6 Dec 1994

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

Nussberger and Another v Phillips and Another (No 4): CA 19 May 2006

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

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

Shergill and Others v Khaira and Others: SC 11 Jun 2014

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

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