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 money was lost to the claimant in the banking system. The appeal failed. The judge’s conclusion that Article 6(1) gives this Court jurisdiction over the claim against Kaiser in these proceedings was right.
Judges:
Pill LJ, Tuckey LJ, Arden LJ
Citations:
[2001] EWCA Civ 661, [2001] IL Pr 43
Links:
Statutes:
Convention on Jurisdiction and The Enforcement Of Judgments 5
Jurisdiction:
England and Wales
Citing:
Cited – Kalfelis v Bankhaus Schroder, Munchmeyer, Hengst and Co and others ECJ 27-Sep-1988
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 . .
See Also – Casio Computer Co Ltd v Sayo and Others CA 8-Feb-2001
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 . .
Cited – Handelswerkerij GJ Bier BV v Mines de Potasse d’Alsace SA ECJ 1976
The Dutch plaintiff claimed that the water supply to its nursery had been polluted by the French defendant’s discharge of waste into the Rhine in France.
Held: The meaning of the expression: ‘Place where the harmful event occurred’ must be . .
Cited – Kleinwort Benson Limited v City of Glasgow District Council HL 19-Jun-1997
Restitution when Contract Void ab initio
A claim for restitution of money paid under a contract which was void ab initio is not a claim in contract, nor tort, nor delict, it was justiciable only in the court of domicile. The Brussels Convention does not decide jurisdiction. ‘But it is . .
Cited – Khaled Naser Hamoud Al-Sabah and Juan Jose Folchi Bonafonte v Grupo Torras SA CA 2-Nov-2000
The court discussed the approach to be taken when asked to act upon evidence which it found to be unreliable, though the witness’s credibility had not been destroyed. In a claim for dishonest assistance it is not necessary to show a precise causal . .
Cited – Gascoigne v Pyrah CA 26-Nov-1991
The court was concerned with conflicts between different jurisdictions dealing with related matters. Hirst LJ said: ‘Conflicting findings of fact, on the other hand, are virtually impossible to reconcile if different judges in different . .
Cited – Sarrio Sa v Kuwait Investment Authority HL 17-Nov-1997
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 . .
Cited – Khaled Naser Hamoud Al-Sabah and Juan Jose Folchi Bonafonte v Grupo Torras SA CA 2-Nov-2000
The court discussed the approach to be taken when asked to act upon evidence which it found to be unreliable, though the witness’s credibility had not been destroyed. In a claim for dishonest assistance it is not necessary to show a precise causal . .
Cited – Reunion Europeenne Sa and Others v Spliethoff’s Bevrachtingskantoor Bv and Another ECJ 27-Oct-1998
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).
Cited by:
See Also – Casio Computer Company Ltd v Sayo and others CA 13-Dec-2001
Applications for leave to appeal. . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction, Torts – Other
Updated: 23 November 2022; Ref: scu.200960