Category: Jurisdiction

George Haldane, Esq of Gleneagles v George Late Earl Marischall: HL 26 Mar 1778

An appeal to the House of Lords is incompetent, from a sentence of the Court of Exchequer acting ministerially as a Board of Treasury, under the special directions of an Act of Parliament.

Citations:

[1778] UKHL 2 – Paton – 443

Links:

Bailii

Jurisdiction:

Scotland

Jurisdiction

Updated: 08 September 2022; Ref: scu.562020

Ed and F Man Capital Markets Ltd v Come Harvest Holdings Ltd and Others: ComC 4 Jul 2019

Application of the Tenth Defendant made under CPR Part 11 challenging the jurisdiction of the Court and seeking to set aside an Order granting permission to the Claimant, a company registered in England, to serve the proceedings on Straits in Singapore.

Judges:

Daniel Toledano QC

Citations:

[2019] EWHC 1661 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Jurisdiction

Updated: 06 September 2022; Ref: scu.642067

UCP Plc v Nectrus Ltd: ComC 21 Feb 2018

Application for stay pending proceedings in Isle of Man

Judges:

Mrs Justice Cockerill

Citations:

[2018] EWHC 380 (Comm), [2018] WLR(D) 139

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Cited by:

See Also – UCP Plc v Nectrus Ltd ComC 5-Jul-2019
. .
See Also – UCP Plc v Nectrus Ltd ComC 29-Nov-2019
Damages assessment . .
See also – Nectrus Ltd v UCP Plc CA 21-Jan-2021
Application for reconsideration of refusal of leave to appeal. . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction

Updated: 06 September 2022; Ref: scu.606420

Catalyst Investment Group Ltd v Lewinsohn and Others: ChD 31 Jul 2009

Defendant resisted being added to claims on the grounds that the State of Utah was the forum conveniens for any claim against them, there being claims already in existence there.

Judges:

Barling J

Citations:

[2009] EWHC 1964 (Ch), [2010] 1 All ER (Comm) 751, [2010] 1 Ch 218, [2010] Bus LR 350, [2010] 2 WLR 839

Links:

Bailii

Jurisdiction:

England and Wales

Jurisdiction

Updated: 04 September 2022; Ref: scu.368637

Empresa Exportadora de Azucar v Industria Azucarera Nacional S.A, The Playa Larga: CA 1983

There had been a theft by Cuban sellers of one cargo of sugar, property in which had already passed to the buyers, and non-delivery of a second combined with trickery whereby the intended buyers were nonetheless induced to pay its price. The first cargo was on a vessel which was discharging at its Chilean discharge port, when the vessel was withdrawn by the sellers. The second cargo was on the high seas en route to Chile when withdrawn.
Held: The effect of disregarding a provision of foreign law as manifestly contrary to public policy may be to render enforceable in England a contract which is not enforceable by its proper law. The court considered the measure of damages in relation to the non-delivery of goods sold by the defendants to the plaintiffs. The plaintiffs claimed that the damages recoverable should be related to the highest price prevailing at any time between the date of the breach and the date of the arbitration award. This contention was rejected.
Ackner LJ said: ‘Mr. Rix, in his cross-appeal, argued that the damages recoverable by Iansa in contract should be related to the highest price prevailing at any time between the date of the breach and date of the award. Mr. Justice Mustill rejected this submission and has set out his reasons most fully, which we are happy to adopt. We would, however, venture to suggest that the matter can be put more simply. Iansa, as complainants, must establish what damage they have suffered. Mr. Rix had to accept: (a) That after the date when Iansa could have bought in to cover their loss there was no evidence at all that the fluctuations in the sugar market made the slightest financial difference to them. There was no evidence that they could have sold at the highest price. On the contrary, the reasonable inference was that the goods would have been resold for domestic or other consumption in Chile, (b) Although theoretically Cubazucar was capable of selling the sugar at the highest price, there is no evidence that it did so.
Accordingly, to the plaintiffs’ contention that Cubazucar should not profit from its own wrong comes the simple reply: they have not shown that Cubazucar have done so. We cannot, therefore, see any basis upon which Iansa can seek to achieve a windfall in the form of an extra $1,200 per tonne over and above the price which was prevailing when they should have bought in the market.’
The Court rejected any defence of foreign act of state, primarily because there was no such plea and no proof that the acts were acts of the Chilean government, but secondarily also because, if they were, there ‘seems no compelling reason for judicial restraint or abstention’ in a case ‘where it is clear that the acts relied on were carried out outside the sovereign’s own territory’.

Judges:

Ackner LJ, Stephenson LJ, Sir Segab Shaw

Citations:

[1983] 2 Lloyds Rep 171

Jurisdiction:

England and Wales

Citing:

Appeal from – Playa Larga (Owners of Cargo Lately Laden on Board) v I Congreso del Partido (Owners) QBD 1978
The trading or commercial activities of states are not protected by state immunity. The basic principle of international law is that all states are equal, the rule is ‘par in parem non habet imperium’. . .

Cited by:

Cited – Fiona Trust and Holding Corporation and others v Privalov and others CA 24-Jan-2007
The court was asked whether when contracts have been induced by bribery and have been rescinded on discovery of the bribery, that constitutes a dispute which can be determined by arbitration in the context of a common form of arbitration clause.
Followed – Aggeliki Charis Compania Maritima SA v Pagnan SpA The Angelic Grace QBD 1994
The court considered whether a claim for a collision between two ships was governed by an arbitration clause which read ‘all disputes from time to time arising out of this contract shall . . be referred to the arbitrament of two arbitrators carrying . .
Followed – The Ermoupolis 1990
A claim for the tort of conversion fell within the phrase ‘any dispute arising in any way whatsoever out of this bill of lading’. . .
Cited – Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc SC 17-Jun-2015
Aspect had claimed the return of funds paid by it to the appellant Higgins under an adjudication award in a construction contract disute. The claimant had been asked to prpare asbestos surveys and reports on maisonettes which Higgins was to acquire . .
Cited – Belhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
Appeal from – Playa Larga (Owners of Cargo Lately Laden on Board) v I Congresso del Partido (Owners) HL 1983
The concept of absolute immunity for a Sovereign adopts a theory of restrictive immunity in so far as it concerns the activities of a State engaging in trade: (Lord Wilberforce) ‘It was argued by the [appellants] that even if the Republic of Cuba . .
Lists of cited by and citing cases may be incomplete.

Transport, Jurisdiction, Contract, Damages

Updated: 04 September 2022; Ref: scu.248210

Compania Naviera Vascongado v Steamship “Cristina”: HL 1938

A state-owned ship that was used for public purposes could not be made the subject of proceedings in rem. Lord Atkin described the absolute immunity of a sovereign of a foreign state within this jurisdiction: ‘The foundation for the application to set aside the writ and arrest of the ship is to be found in two propositions of international law engrafted into our domestic law which seem to me to be well established and to be beyond dispute. The first is that the courts of a country will not implead a foreign sovereign, that is, they will not by their process make him against his will a party to legal proceedings whether the proceedings involve process against his person or seek to recover from him specific property or damages.
The second is that they will not by their process, whether the sovereign is a party to the proceedings or not, seize or detain property which is his or of which he is in possession or control. There has been some difference in the practice of nations as to possible limitations of this second principle as to whether it extends to property only used for the commercial purposes of the sovereign or to personal private property. In this country it is in my opinion well settled that it applies to both.’
This doctrine derives from the maxim par in parem non habet imperium, but also from ideas as comity or reciprocity, the practicability of enforcement, or the respect for the dignity of other states.
Lord Wright said that proceedings in rem against property are a form of direct impleader.
‘The rule [of immunity] is not limited to ownership. It applies to cases where what the Government has is a lesser interest, which may be not merely not proprietary but not even possessory. Thus it has been applied to vessels requisitioned by a Government, where in consequence of the requisition, the vessel, whether or not it is in the possession of the foreign state, is subject to its direction and employed under its orders.’

Judges:

Lord Atkin, Lord Wright

Citations:

[1938] AC 485, [1938] 1 All ER 719

Jurisdiction:

England and Wales

Citing:

Cited – The Broadmayne CA 1916
Pickford LJ rationalised the relation between a state and the crew of a requisitioned vessel as being one of forced hiring.
Bankes LJ said: ‘The position is, I think, quite clearly indicated in the passage from Clerke [Praxis Curiae . .

Cited by:

Cited – Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others HL 14-Jun-2006
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception . .
Cited – Holland v Lampen-Wolfe HL 20-Jul-2000
The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state . .
Cited – Aziz v Aziz and others CA 11-Jul-2007
The claimant sought return of recordings and of money paid to the defendant through an alleged fraud or threats. She was the former wife of the Sultan of Brunei and head of state, who now sought an order requiring the court to protect his identity . .
Cited – NML Capital Ltd v Argentina SC 6-Jul-2011
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets . .
Cited – United States of America v Dollfus Mieg et Cie SA HL 1952
The Bank of England was holding, in safe custody for the governments of the US, France and the UK, bars of gold which had been wrongly removed by German troops from a French bank and later captured by the allied armies in Germany during the Second . .
Cited – Belhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
Cited – Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs SC 18-Oct-2017
The court was asked as to the compatibility of provisions in the 1978 Act with the human rights of the appellant. The claimants, Moroccan nationals were employed as domestic staff in embassies in London. They alleged both race discrimination and . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, International

Updated: 04 September 2022; Ref: scu.242887

Royal and Sun Alliance Insurance Plc v Retail Brand Alliance Inc: QBD 24 Sep 2004

The claimant sought payment under their insurance policy for damage from interruption to their business after the terrorist attack in New York on September 11, 2001. Proceedings had also been commenced in jurisdictions in the US.
Held: This was not a case where jurisdiction was resolved as of right, and it was for the defendant to establish that the UK was the proper forum. The need to construe different parts of the policy and overlapping policies in one jurisdiction, and the locus of the business and loss all were factors suggesting that the natural forum would be in the US. Order accordingly.

Judges:

The Honourable Mr Justice Langley

Citations:

[2004] EWHC 2139 (Comm), [2005] Lloyd’s Rep IR 110

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – New Hampshire Insurance Company and others v Phillips Electronics North America Corporation CA 16-May-1997
In the context of applications for negative declarations: ‘1. There is power to grant a negative declaration in an appropriate case, the fundamental test being whether it would be useful. 2. However, careful scrutiny will be exercised not only to . .
Lists of cited by and citing cases may be incomplete.

Insurance, Jurisdiction

Updated: 03 September 2022; Ref: scu.214617

Holland v Lampen-Wolfe: HL 20 Jul 2000

The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state immunity.
Held: A claim in libel was defeated by a claim of sovereign immunity. Such provision was part of its Acts as a state, and attracted sovereign immunity. A report which was defamatory of the plaintiff as to her teaching skills and which report was prepared as part of the provision of such services was something done by the armed forces of the US: ‘the performance of her teaching obligations under the contract between the University and the American Government involved the public function of the state in the provision of instruction to the American forces and their families. The supervisory functions required of the respondent were correspondingly involved in that same enterprise. ‘
Lord Millett said: ‘state immunity is not a ‘self-imposed restriction on the jurisdiction of its courts which the United Kingdom has chosen to adopt’ and which it can, as a matter of discretion, relax or abandon. It is imposed by international law without any discrimination between one state and another. It would be invidious in the extreme for the judicial branch of government to have the power to decide that it will allow the investigation of allegations of torture against the officials of one foreign state but not against those of another.’
Lord Millet said: ‘Article 6 requires contracting states to maintain fair and public judicial processes and forbids them to deny individuals access to those processes for the determination of their civil rights. It presupposes that the contracting states have the powers of adjudication necessary to resolve the issues in dispute. But it does not confer on contracting states adjudicative powers which they do not possess. State immunity, as I have explained, is a creature of customary international law and derives from the equality of sovereign states. It is not a self-imposed restriction on the jurisdiction of its courts which the United Kingdom has chosen to adopt. It is a limitation imposed from without upon the sovereignty of the United Kingdom itself.
The immunity in question in the present case belongs to the United States. The United States has not waived its immunity. It is not a party to the Convention. The Convention derives its binding force from the consent of the contracting states. The United Kingdom cannot, by its own act of acceding to the Convention and without the consent of the United States, obtain a power of adjudication over the United States which international law denies it.’

Judges:

Lord Millett, Lord Hope of Craighead Lord Cooke of Thorndon Lord Clyde, Lord Hobhouse of Woodborough

Citations:

Gazette 17-Aug-2000, Times 27-Jul-2000, Gazette 03-Aug-2000, [2000] 1 WLR 1573, [2000] UKHL 40, [2000] 3 All ER 833

Links:

House of Lords, Bailii

Statutes:

State Immunity Act 1978, European Convention on Human Rights 6

Jurisdiction:

England and Wales

Citing:

Cited – Peter Buchanan Limited and Macharg v McVey 1954
(Supreme Court of Ireland) The plaintiff was a company registered in Scotland put into compulsory liquidation by the revenue under a substantial claim for excess profits tax and income tax. The liquidator was really a nominee of the revenue. The . .
Cited – Playa Larga (Owners of Cargo Lately Laden on Board) v I Congresso del Partido (Owners) HL 1983
The concept of absolute immunity for a Sovereign adopts a theory of restrictive immunity in so far as it concerns the activities of a State engaging in trade: (Lord Wilberforce) ‘It was argued by the [appellants] that even if the Republic of Cuba . .
Cited – Waite and Kennedy v Germany ECHR 18-Feb-1999
The grant of immunity from the jurisdiction of the national court to an international organisation according to a long-standing practice essential for ensuring the proper functioning of these organisations free from unilateral interference by . .
Cited – Compania Naviera Vascongado v Steamship ‘Cristina’ HL 1938
A state-owned ship that was used for public purposes could not be made the subject of proceedings in rem. Lord Atkin described the absolute immunity of a sovereign of a foreign state within this jurisdiction: ‘The foundation for the application to . .
Cited – McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom ECHR 21-Nov-2001
Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint.
Held: . .
Cited – The Owners of The Ship Philippine Admiral (Philippine Flag) v Wellem Shipping (Hong Kong) Limited and Another PC 5-Nov-1975
(Hong Kong) Sovereign immunity was denied to state trading ships, restricting the extent of state immunity. . .
Cited – Derbyshire County Council v Times Newspapers Ltd and Others CA 19-Apr-1992
In two issues of ‘The Sunday Times’ newspaper on 17 and 24 September 1989 there appeared articles concerning share deals involving the superannuation fund of the Derbyshire County Council. The articles in the issue of 17 September were headed . .
Cited – Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3) HL 24-Mar-1999
An application to extradite a former head of state for an offence which was not at the time an offence under English law would fail, but could proceed in respect of allegations of acts after that time. No immunity was intended for heads of state. . .
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Littrell v Government of the United States of America and Another (No 2) CA 24-Nov-1993
The plaintiff claimed damages for personal injuries arising from medical treatment which he had received at a United States military hospital in the United Kingdom while a serving member of the United States Air Force.
Held: Section 16(2) . .
Cited – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
Cited – M and Another v Newham London Borough Council and Others; X (Minors) v Bedfordshire County Council CA 24-Feb-1994
A local authority was not liable in damages for breach of a statutory duty in Social Services. The policy which has first claim on the loyalty of the law is that wrongs should be remedied. The court would not go so far as to hold that the education . .
Cited – NCF and AG v Italy 1995
The Commission held the application inadmissible on the ground, among others, that article 6 should be interpreted with due regard to parliamentary and diplomatic immunities as traditionally recognised. In the absence of any directly relevant . .
Cited – Fayed v United Kingdom ECHR 6-Oct-1994
The Secretary of State had appointed inspectors to investigate and report on a company takeover. In their report, which was published, the inspectors made findings which were critical of and damaging to the applicants, who relied on the civil limb . .
Appeal from – Holland v Lampen-Wolfe CA 30-Jul-1998
A US citizen acting in course of employment as educational officer on US military base in the UK enjoyed state immunity from liability for defamation. This applied though he was a civilian and the State Immunity Act 1978 did not apply. . .

Cited by:

Cited – Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others HL 14-Jun-2006
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception . .
Cited – Aziz v Aziz and others CA 11-Jul-2007
The claimant sought return of recordings and of money paid to the defendant through an alleged fraud or threats. She was the former wife of the Sultan of Brunei and head of state, who now sought an order requiring the court to protect his identity . .
Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Cited – Reyes and Another v Al-Malki and Another CA 5-Feb-2015
The claimants wished to make employment law claims alleging, inter alia, that they had suffered racial discrimination and harassment, and had been paid less than the national minimum wage aganst the respondents. They had been assessed as having been . .
Cited – The United States of America v Nolan SC 21-Oct-2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed.
Cited – Belhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
Cited – Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs SC 18-Oct-2017
The court was asked as to the compatibility of provisions in the 1978 Act with the human rights of the appellant. The claimants, Moroccan nationals were employed as domestic staff in embassies in London. They alleged both race discrimination and . .
Cited – Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs SC 18-Oct-2017
The court was asked as to the compatibility of provisions in the 1978 Act with the human rights of the appellant. The claimants, Moroccan nationals were employed as domestic staff in embassies in London. They alleged both race discrimination and . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Defamation, Human Rights, International

Updated: 03 September 2022; Ref: scu.159074

LIC Telecommunications Sarl and Another v VTB Capital Plc and Others: ComC 5 Jul 2019

Judgment on a number of applications in the context of Part 20 and Part 7 proceedings brought against a number of the defendants to the original proceedings on the basis that the decision to bring those proceedings was not duly authorised on behalf of the relevant company and/or the court has no jurisdiction and/or the proceedings are an abuse of process.

Judges:

Mrs Justice Moulder

Citations:

[2019] EWHC 1747 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Jurisdiction

Updated: 03 September 2022; Ref: scu.642071

SOVAG – Schwarzmeer und Ostsee Versicherungs-Aktiengesellschaft v If Vahinkovakuutusyhtio Oy: ECJ 21 Jan 2016

ECJ Judgment – Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 44/2001- Article 6(2) – Jurisdiction – Action on a warranty or guarantee or other third party proceedings brought by a third party against a party to judicial proceedings before the court seised of the original proceedings

Judges:

L. Bay Larsen, P

Citations:

C-521/14, [2016] EUECJ C-521/14, ECLI:EU:C:2016:41, [2016] WLR(D) 18

Links:

Bailii, WLRD

Statutes:

Regulation (EC) No 44/2001 692)

Jurisdiction:

European

Jurisdiction

Updated: 03 September 2022; Ref: scu.559487

Sindicato Unico De Pescadores Del Municipio Miranda Del Estado Zulia v International Oil Pollution Compensation Fund: QBD 22 Jul 2015

The applicant requested a declaration that an order registring a judgment of a court in Bolivia should be set aside as made without jurisdiction.

Judges:

Picken J

Citations:

[2015] EWHC 2476 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Jurisdiction

Updated: 03 September 2022; Ref: scu.552376

C v C: FD 10 Sep 2010

The husband contended that the British County Court had not had jurisdiction to issue a divorce petition against him.

Judges:

Hedley J

Citations:

[2010] EWHC 2676 (Fam), [2011] 2 FLR 19, [2011] Fam Law 682

Links:

Bailii

Jurisdiction:

England and Wales

Family, Jurisdiction

Updated: 03 September 2022; Ref: scu.430386

Pacific International Sports Clubs Ltd v Surkis and Others: CA 2 Jul 2010

The parties battled over the ownership of Dyamo Kiev, a football club in Ukrainia. The claimant appealed against a stay of proceedings given on the grounds that the Ukraine was the proper place for trial of such a dispute.

Citations:

[2010] EWCA Civ 753

Links:

Bailii

Jurisdiction:

England and Wales

Jurisdiction

Updated: 02 September 2022; Ref: scu.420207

Nordea Bank Norge Asa and Another v Unicredit Corporate Banking Spa and Another: ComC 19 Jan 2011

The defendants had sought a stay of the proceedings in England pending resolution of related proceedings already commenced in Italy.

Judges:

Gloster J

Citations:

[2011] EWHC 30 (Comm)

Links:

Bailii

Statutes:

Council Regulation 44/2001 27 28

Jurisdiction:

England and Wales

Jurisdiction

Updated: 31 August 2022; Ref: scu.428083

Aguirre Zarraga: ECJ 22 Dec 2010

ECJ (Area Of Freedom, Security And Justice) Judicial cooperation in civil matters – Regulation (EC) No 2201/2003 – Jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility – Parental responsibility – Custody – Child Abduction – Article 42 – Execution a certified decision ordering the return of a child issued by a competent court (Spanish) – Jurisdiction of the court required (German) to refuse enforcement of that decision in case of serious violation of child rights.

Citations:

C-491/10, [2010] EUECJ C-491/10

Links:

Bailii

Jurisdiction:

European

Jurisdiction

Updated: 31 August 2022; Ref: scu.427661

Pt Pan Indonesia Bank Ltd Tbk v Marconi Communications International Ltd: CA 27 Apr 2005

The parties disputed the jurisdiction of the English courts over a letter of credit. It foresaw payment here and in sterling, made by the English bank as against the appropriate documents. Authority had been given for service out of the jurisdiction.
Held: The English courts had jurisdiction in this issue. ‘[T]he correct approach for the purposes of identifying the governing law is to look at how the contract was intended by its terms to operate at the time it was made, rather than to look at what in fact occurred. ‘ ‘The presumption contained in Article 4(2) is a blanket provision which falls to be applied across the entire field of contract law. It assumes the ability to identify a single party charged with the (single) performance characteristic of the contract. A letter of credit as such is not susceptible of such treatment. It is the source of a number of autonomous bilateral contracts arising successively between the parties and/or banks involved, each of which, considered separately, has a separate characteristic performance and therefore potentially a different governing law, albeit that a conclusion as to the law governing one contract may be the same in respect of another. Thus it is misleading to speak of the governing law in respect of a letter of credit. It is desirable but not essential that each of the contractual relationships arising in the course of the transaction have the same governing law. ‘

Judges:

Potter, Buxton, Hooper LJJ

Citations:

[2005] EWCA Civ 422, Times 18-May-2005, [2007] 2 Lloyd’s Rep 72

Links:

Bailii

Statutes:

Rome Convention on the Law Applicable to Contractual Obligations 4, Contracts (Applicable Law) Act 1990

Jurisdiction:

England and Wales

Citing:

Cited – Bank of Baroda v Vysya Bank Limited ChD 1994
An Indian buyer had agreed to purchase a consignment of Latvian steel through its London office. The buyer instructed Vysya to issue a credit in favour of the seller beneficiary. The credit was confirmed by the Bank of Baroda’s London office. The . .
Cited – Banco de Portugal v Waterlow and Sons Ltd HL 28-Apr-1932
Lord Macmillan said: ‘Where the sufferer from a breach of contract finds himself in consequence of that breach placed in position of embarrassment the measures which he may be driven to adopt in order to extricate himself ought not to be weighed in . .
Cited – Offshore International SA v Banco Central SA ChD 1977
A standby letter of credit was issued by a Spanish bank and advised (but not confirmed) by a New York bank payable in New York.
Held: The governing law was the law of New York, as the place where the letter of credit was opened, the documents . .
Appeal from – Marconi Communications International Ltd v Pt Pan Indonesia Bank Ltd Tbk ComC 4-Feb-2004
Marconi claimed damages for the defendant’s alleged breach of contract in respect of the latter’s failure to honour its obligations as a confirmer of a Letter of Credit. Marconi alleged that Panin Bank wrongfully failed to accept drafts properly . .
Cited – Bank Melli Iran v Barclays Bank Ltd 1951
. .
Cited – Power Curber International Ltd v The National Bank of Kuwait CA 1981
The advising bank on a letter of credit was situated in Florida. The place where the credit was payable was North Carolina, and the place where the issuing bank had its place of business was Kuwait.
Held: (Waterhouse J dissenting) The contract . .
Cited – Land Rover Exports Limited v Samcrete Egypt Engineers and Contractors S A E CA 21-Dec-2001
The defendant appealed an order refusing a stay of the proceedings on the grounds of forum non conveniens. The contract of guarantee contained no choice of law clause, but the contract under which it was made set English law as the jurisdiction. The . .
Cited – Caledonia Subsea Limited v Micoperi Srl IHCS 12-Jul-2002
The court considered the proper application of Article 4 of the Convention. The Lord President expressed agreement with the position as stated in Samcrete: ‘I consider that the presumption under para 2 should not be disregarded unless the outcome of . .
Cited – Bank of Credit and Commers Hong Kong Ltd v Sonali Bank QBD 20-Oct-1994
There was no basis for a forum switch to Bangladesh of an action as of right under UK law. Under a Letter of Credit it is desirable that the same system of law should govern the co-existing contracts between (a) the issuing bank and the beneficiary, . .
Cited – Spiliada Maritime Corporation v Cansulex Ltd, The Spiliada HL 1986
Forum Non Conveniens Restated
The House reviewed the authorities on the principle of forum non conveniens and restated how to apply the principle where the defendant seeks a stay of proceedings on the ground that there is another more appropriate forum.
Held: ‘In the . .
Lists of cited by and citing cases may be incomplete.

International, Contract, Jurisdiction

Updated: 29 August 2022; Ref: scu.224500

Mazur Media Limited and Another v Mazur Media Gmbh in Others: ChD 8 Jul 2004

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 damages and for delivery up against Mrs Mazur under the Share Sale Agreement; (b) it will also have jurisdiction to determine Mazur Ltd’s claim against Mazur GmbH to title to the Masters under the Assignment and for delivery up, subject to the determination of the issue as to whether Mazur Ltd has an arguable case for a term to be implied by business efficacy principles or by custom; (c) there is no substantive or jurisdictional basis for Apex’s claim for a declaration that it has title to the Masters; (d) the court does not have jurisdiction over the tortious claims against any of the Defendants, nor over the claims against them (other than Mrs Mazur) for delivery up; and (e) there will be no stay in relation to those claims against Mazur GmbH over which the English court has jurisdiction.

Judges:

The Honourable Mr Justice Collins

Citations:

[2004] EWHC 1566 (Ch), Times 29-Jul-2004, [2005] 1 Lloyd’s Rep 41, [2004] 1 WLR 2966

Links:

Bailii

Statutes:

Council Regulation (EC) No. 44/2001, Insolvency Act 1986 130(2)

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 . .
Cited – Marinari v Lloyd’s Bank ECJ 19-Sep-1995
A ‘harmful event’ occurred where the physical damage was suffered and not at the time and place of a later financial loss.
Europa The term ‘place where the harmful event occurred’ in Article 5(3) of the . .
Cited – Canada Trust Company and others v Stolzenberg and others (2) CA 29-Oct-1997
The court looked at questions relating to domicile and jurisdiction; standard of proof, date to be determined and duties before service.
Held: The court is endeavouring to find an imprecise concept which reflects that the plaintiff must . .
Cited – Reichert and Kockler v Dresdner Bank ECJ 26-Mar-1992
The case concerned article 16(5) of the Brussels Convention, among other articles.
Held: It is necessary to take account of the fact that the essential purpose of the exclusive jurisdiction of the courts of the place in which the judgment has . .
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 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 . .
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 – Handelskwekerij G. J. Bier BV v Mines de potasse d’Alsace SA ECJ 30-Nov-1976
Europa A discharge into the French part of the Rhine of saline waste caused alleged damage to the horticultural business of the first plaintiff, and to the waters of the Rhine in general in the Netherlands.
Cited – Shevill, Ixora Trading Inc., Chequepoint SARL and Chequepoint International Ltd v Presse Alliance SA ECJ 7-Mar-1995
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 . .
Cited – Dumez France SA and Tracoba SARL v Hessische Landesbank and others ECJ 11-Jan-1990
ECJ The expression ‘place where the harmful event occurred’ contained in Article 5(3 ) of the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters may . .
Cited – International Factors v Rodriguez CA 1978
(Majority) Cheques were made payable to a company which had entered into a factoring agreement with the plaintiffs. The cheques were sent to the company in settlement of debts owed to the company but which had been assigned to the plaintiffs. The . .
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 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 . .
Cited – MCC Proceeds Inc (Incorporated Under the Laws of the State of Delaware, USA As Trustee of the Maxwell Macmillan Realization Liquidating Trust) v Lehman Brothers International (Europe) CA 19-Dec-1997
The owner only of an equitable interest in goods may not assert his interest against a bona fide purchaser of the legal title to the goods. International Factors v. Rodriguez was decided per incuriam to the extent that it held that equitable rights . .
Cited – Domicrest Ltd v Swiss Bank Corporation QBD 7-Jul-1998
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 . .
Cited – Banque Indosuez v Ferromet Resources 1993
There is a general principle in favour of giving judicial assistance to foreign insolvency proceedings by preventing their disruption by the actions of individual creditors. . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Insolvency, European

Updated: 29 August 2022; Ref: scu.198600

Ennstone Building Products Ltd v Stanger Ltd: CA 28 Jun 2002

Two companies with head offices in England and subsidiary offices in Scotland, contracted for work to be done in Scotland. The contract was silent as to the applicable law.
Held: Where both companies traded in England, the presumptions under the convention were not to be set aside merely because the place of performance and direct control under the contract were in Scotland. The contract was most closely connected with England and issues arising were to be tried there.

Judges:

Lords Justice Potter and Keene

Citations:

Gazette 12-Sep-2002, [2002] EWCA Civ 916, [2002] 1 WLR 3059, [2002] 2 All ER (Comm) 479

Links:

Bailii

Statutes:

Contracts (Applicable Law) Act 1990

Jurisdiction:

England and Wales

Jurisdiction, Contract

Updated: 29 August 2022; Ref: scu.174983

SK Slavia Praha-Fotbal As v Debt Collect London Ltd and Another: CA 4 Nov 2010

SSPF disputed the court’s jurisdiction to hear the claimant’s case for a debt said to be due, appealing against a finding that the court in Prague was not first seised of the dispute.

Judges:

Mummery, Lloyd, Stanley Burnton LJJ

Citations:

[2010] EWCA Civ 1250, [2011] Bus LR 412, [2011] CP Rep 10, [2011] 1 All ER (Comm) 699, [2010] 2 CLC 852, [2011] 1 WLR 866

Links:

Bailii

Statutes:

ouncil Regulation (EC) No 44/2001 of 22 December 2000 on Jurisdiction and the Recognition of Judgments in Civil and Commercial matters in the European Union

Jurisdiction:

England and Wales

Jurisdiction, Contract

Updated: 26 August 2022; Ref: scu.425803

JSC BTA Bank v Granton Trade Ltd and Others: ComC 19 Oct 2010

Judges:

Christopher Clarke J

Citations:

[2010] EWHC 2577 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – JSC BTA Bank v Ablyazov and Others (Rev 1) ComC 24-Aug-2010
Application for an ‘unless’ order debarring the respondents from defending and entitling the claimant to enter judgment unless certain information and documents were provided. . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction

Updated: 25 August 2022; Ref: scu.425346

UBS Ag, London Branch and Another v Kommunale Wasserwerke Leipzig Gmbh: ComC 15 Oct 2010

The defendant asked the court to decline jurisdiction.
Held: Gloster J stated: ‘In the present case the relevant requirement is to be found in CPR 7.5. That provides that a claim form which is to be served within the jurisdiction must be served within four months of the date of issue; and one which is to be served outside the jurisdiction must be served within six months of the date of issue. There is no additional requirement upon the claimant to serve ‘forthwith’ or ‘as soon as practicable’. Nor is there any obligation upon a claimant to choose the quickest method of service, for example personal service rather than service by contractually-agreed method. Under CPR 7.6, a claimant who seeks to extend the time for compliance with CPR 7.5, must explain how he has taken all reasonable steps to comply with rule 7.5 (i.e. served within the requisite four- or six-month period), not how he has acted with all reasonable speed since issue of the claim form.’
‘However, in any event, it does not seem to me that my conclusion as to the reasonableness of UBS’ behaviour is of any relevance. It cannot be appropriate that, under Article 30, the relevant court has to conduct an enquiry as to whether, applying some wholly uncertain subjective criteria, it regards the issuing party as having inappropriately delayed the service of process. That would introduce the very uncertainty that Article 30 was apparently designed to avoid. The only criterion has to be that the issuing party has subsequently ‘failed to take the steps he was required to take to have service effected on the defendant’.’

Judges:

Gloster DBE J

Citations:

[2010] EWHC 2566 (Comm), [2012] Bus LR D15, [2010] 2 CLC 499

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Thum v Thum FC 21-Oct-2016
No abuse of process in service error
The husband claimed that the W was guilty of abuse of process by issuing the divorce petion, but then not serving it for many months in an attempt to gain a tactical jurisdictional advantage under Brussels II.
Held: H’s application was . .
Cited – Miller and Dos Santos v The Secretary of State for Exiting the European Union and Others QBD 13-Nov-2016
Article 50 Notice Requires Parliament’s Authority
The applicant challenged a decision by the respondent that he could use Crown prerogative powers to issue a notice under section 50 TUE to initiate the United Kingdom leaving the EU following the referendum under the 2015 Act.
Held: Once the . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction

Updated: 25 August 2022; Ref: scu.425314

Parker v Schuller: CA 1901

The plaintiffs had obtained leave to serve a writ out of the jurisdiction under Order 11, r 1(e) of the RSC on the ground that the claim was for breach of a contract within the jurisdiction. The breach alleged was of a CIF contract, and the allegation was that the contract was broken by reason of a failure to deliver in Liverpool the goods that were the subject of the contract. Leave was given ex parte and upheld inter partes. The plaintiffs now conceded that the way that their claim had been advanced had been misconceived in that a CIF contract involves an obligation to deliver documents, not the goods to which the documents relate. The plaintiffs tried to persuade the Court to uphold the leave given to serve out on the basis of substituting for the original claim a claim for failure to deliver the relevant documents in Liverpool.
Held: Permission was refused. A L Smith MR said: ‘It was not until the case came into this Court that the plaintiff set up another cause of action. That could not be allowed.’
Collins LJ said: ‘an application for leave to issue a writ for service out of the jurisdiction ought to be made with great care and looked at strictly. If a material representation upon which the leave was obtained in the first instance turned out to be unfounded, the plaintiff ought not to be allowed . . to set up another and a distinct cause of action which was not before the Judge upon the original application. It was clear from the affidavit that the only case made on the original application was that the defendants were bound to deliver the goods in this country, and that there was a breach of that contract here, and upon that representation alone leave was originally granted to issue the writ and serve notice thereof abroad.’
Romer LJ said: ‘an application for leave to issue a writ for service out of the jurisdiction ought to be made with great care and looked at strictly. If a material representation upon which the leave was obtained in the first instance turned out to be unfounded, the plaintiff ought not to be allowed, when an application was made by the defendant to discharge the order for the issue of the writ and the service, to set up another and a distinct cause of action which was not before the judge upon the original application.’

Judges:

A L Smith MR, Collins, Romer LJJ

Citations:

(1901) 17 TLR 299

Jurisdiction:

England and Wales

Cited by:

To be confined to its facts – NML Capital Ltd v Argentina SC 6-Jul-2011
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets . .
Applied – Re Jogia (A Bankrupt) 1988
Application was made for leave to serve proceedings out of the jurisdiction in a claim for money had and received in connection with payments made to the defendant after a receiving order.
Held: A plaintiff who has been given permission to . .
Cited – Metall und Rohstoff AG v Donaldson Lufkin and Jenrette Inc CA 1990
There was a complicated commercial dispute involving allegations of conspiracy. A claim by the plaintiffs for inducing or procuring a breach of contract would have been statute-barred in New York.
Held: Slade LJ said: ‘The judge’s approach to . .
Cited – AB v CD QBD 3-Jan-2014
The parties were contracted to each other in respect of an internet based marketing system for metals and other resources. The claimant had contracted in effect to promote the system. The claimant sought an injunction to prevent termination of . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Litigation Practice

Updated: 21 August 2022; Ref: scu.441563

Beck v Value Capital Ltd (No 2): CA 1976

Citations:

[1976] 2 All ER 102, [1976] 1 WLR 572

Jurisdiction:

England and Wales

Citing:

Appeal from – Beck v Value Capital Ltd (No 2) 1974
The plaintiffs had obtained leave to serve proceedings out of the jurisdiction. They then sought to add a claim and argued that once an additional cause of action was shown to be generically within the scope of Order 11, that was an end of the . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction

Updated: 21 August 2022; Ref: scu.441568

Holland v Leslie: CA 1894

Leave to serve out of the jurisdiction had been granted in relation to a bill of exchange which had been erroneously described in the statement of claim indorsed on the writ.
Held: The Court upheld the order giving leave to amend the writ.
Lord Esher MR said: ‘Leave was given for the issue of the writ so indorsed, and service of notice of it out of the jurisdiction; such notice was duly served upon the defendant abroad; and the defendant has in due course appeared in this country. It is argued that, under these circumstances, the writ cannot be amended. Why not? The rules with regard to amendments appear in terms to apply to such a case. It is contended, nevertheless that there cannot be an amendment, because the writ was for service, and has been served, out of the jurisdiction. But the defendant has now appeared in this country; and I can see no reason why an amendment such as this should not be made, just as in the case of a writ served within the jurisdiction. We were pressed with the possibility that, if such a writ could be amended, it might be amended so as to introduce a cause of action in respect of which leave could not have been originally given for service out of the jurisdiction. That is not the present case. When that case arises, there may be good reason for refusing to allow the amendment.’

Judges:

Lord Esher MR, A L Smith LJ

Citations:

[1894] 2 QB 450

Jurisdiction:

England and Wales

Cited by:

Cited – NML Capital Ltd v Argentina SC 6-Jul-2011
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Jurisdiction

Updated: 21 August 2022; Ref: scu.441565

Wim Harry Gerard Maronier v Bryan Larmer: CA 29 May 2002

The defendant had been a dentist in the Netherlands. An action for damages was begun against him, but then stayed. Judgment was later entered in the Netherlands after he had moved to the UK, and of which he was ignorant. There was no subsisting right of appeal. The claimant sought to enforce the judgement here.
Held: The court could refuse to enforce a judgement obtained unfairly. The Brussels convention was intended to simplify the enforcement of judgements, and that would be frustrated by the courts of one country examining whether the procedures of another complied with the Human Rights Convention. Courts should only do so in exceptional circumstances, but there was a distinction between a decision on the facts and a procedure which operated in breach of the right to a fair trial. The Brussels Convention itself (art 27.2) recognised the need for a fair trial. The case had been re-activated after twelve years with no further notification. The judgement would not be enforced since the defendant had been denied his right to a fair trial.

Judges:

Lord Phillips of Worth Matravers, Master of the Rolls, Lord Justice Robert Walker and Lord Justice Clarke

Citations:

Times 13-Jun-2002, Gazette 11-Jul-2002, [2002] EWCA Civ 774, [2003] QB 620, [2003] 3 All ER 848, [2003] 1 All ER (Comm) 225, [2002] 3 WLR 1060

Links:

Bailii

Statutes:

European Convention on Human Rights 6, Civil Jurisdiction and Judgments Act 1982, Brussels Convention Art 27.2

Jurisdiction:

England and Wales

Cited by:

Cited – Barnette v Government of the United States of America; United States Government v Montgomery (No 2) CA 24-Mar-2003
The appellant sought to resist the registration here of a confiscation order made in the US. She argued it would be contrary to the interests of justice to register it, that the US procedure would be unlawful here under the Convention, the appeal . .
Cited – Al-Bassam v Al-Bassam CA 1-Jul-2004
The claimant sought administration of her husband’s estate according to his domicile in England. The defendant claimed the estate under Islamic law, and that there had been no marriage, and that he had been domiciled in Saudi Arabia.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Jurisdiction

Updated: 20 August 2022; Ref: scu.171336

Barclays Bank Plc v Ente Nazionale Di Previdenza Ed Assistenza Dei Medici E Degli Odontoiatri: ComC 9 Oct 2015

The bank had provided financial services to the defendant. The defendant alleged that it had incurred losses and sought to recover them by action in Milan. The claimant said that the contract required litigation to be in Britain, and Barclays now sought a summary declaration to that effect.

Judges:

Blair J

Citations:

[2015] EWHC 2857 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Jurisdiction

Updated: 18 August 2022; Ref: scu.553252

Mauritius Commercial Bank Ltd v Hestia Holdings Ltd and Another: ComC 24 May 2013

Application by the Defendants for an order setting aside the Claim Form and staying all further proceedings on the grounds that the English court does not have jurisdiction to try the claim.

Judges:

popplewell J

Citations:

[2013] EWHC 1328 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Jurisdiction

Updated: 18 August 2022; Ref: scu.510084

F v S (Wardship: Jurisdiction): FD 1991

Citations:

[1991] 2 FLR 349

Jurisdiction:

England and Wales

Cited by:

Appeal from – F v S (Wardship: Jurisdiction) CA 1993
. .
Cited – In Re S (A Minor) (Abduction: European Convention) HL 30-Jul-1997
An illegitimate child’s habitual country of residence is determined at the date of death of his mother when he was to be removed following the death. Where the mother of an illegitimate child who is resident in England dies and the grandmother takes . .
Lists of cited by and citing cases may be incomplete.

Children, Jurisdiction

Updated: 16 August 2022; Ref: scu.658685

F v S (Wardship: Jurisdiction): CA 1993

Citations:

[1993] 2 FLR 686

Jurisdiction:

England and Wales

Citing:

Appeal from – F v S (Wardship: Jurisdiction) FD 1991
. .

Cited by:

Cited – In Re S (A Minor) (Abduction: European Convention) HL 30-Jul-1997
An illegitimate child’s habitual country of residence is determined at the date of death of his mother when he was to be removed following the death. Where the mother of an illegitimate child who is resident in England dies and the grandmother takes . .
Lists of cited by and citing cases may be incomplete.

Children, Jurisdiction

Updated: 16 August 2022; Ref: scu.658686

Re MN (Recognition and Enforcement of Foreign Protective Measures): FD 2010

An elderly woman, MN, habitually resident in California, had been removed from there to Canada and thence to this country in circumstances which, it was said, involved a breach of the terms of Part 3 of an advance directive signed by her.
Held: Hedley J said: ‘It follows that, in my judgment, the question of authority to remove is the key in this case to the question of habitual residence. Habitual residence is an undefined term and in English authorities it is regarded as a question of fact to be determined in the individual circumstances of the case. It is well recognised in English law that the removal of a child from one jurisdiction to another by one parent without the consent of the other is wrongful and is not effective to change habitual residence . . It seems to me that the wrongful removal (in this case without authority under the directive whether because Part 3 is not engaged or the decision was not made in good faith) of an incapacitated adult should have the same consequence and should leave the courts of the country from which she was taken free to take protective measures. Thus in this case were the removal ‘wrongful’, I would hold that MN was habitually resident in California
If, however, the removal were a proper and lawful exercise of authority under the directive, different considerations arise. The position in April 2010 was that MN had been living with her niece in England and Wales on the basis that the niece was providing her with a permanent home. There is no evidence other than that MN is content and well cared for there and indeed may lose or even have lost any clear recollection of living on her own in California. In those circumstances it seems to me most probable that MN will have become habitually resident in England and Wales and this court will be required to accept and exercise a full welfare jurisdiction under the Act pursuant to para 7(1)(a) of Sch 3. Hence my view that authority to remove is the key consideration.’

Judges:

Hedley J

Citations:

[2010] EWHC 1926 (Fam), [2010] COPLR Con Vol 893

Jurisdiction:

England and Wales

Cited by:

Cited – JO v GO and Others; re PO; Re O (Court of Protection: Jurisdiction) CoP 13-Dec-2013
Jurisdiction of the Court of Protection
PO, a lady in her late eighties lacked capacity to decide her own care. She had been habitually resident in Hertfordshire. Her daughters now challenged their brother who had moved her to a care home in Scotland when he himself moved there. An . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Family

Updated: 16 August 2022; Ref: scu.525974

Debt Collection London Ltd and Another v SK Slavia Praha-Fotbal AS: QBD 3 Nov 2009

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 CLC 688, [2010] ILPr 7

Links:

Bailii

Statutes:

Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, Regulation No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters

Jurisdiction:

England and Wales

Contract, Jurisdiction

Updated: 15 August 2022; Ref: scu.377360

BFC Aircraft Sales and Leasing Ltd v Ages Group Plc: 14 Dec 2001

The court will assume that by expressly choosing English law in a contract, the parties were indicating at least a preference to litigate in England: ‘The choice of the applicable law is, clearly, not so strong a feature as a choice of jurisdiction clause, but it may be, and in this case is, I think a strong indication of an expectation that England will be the forum for the trial of the parties’ disputes . . ‘

Judges:

Morison J

Citations:

Unreported, 14 December 2001

Jurisdiction:

England and Wales

Cited by:

Cited – Sawyer v Atari Interactive Inc ChD 1-Nov-2005
The claimant owned the copyright in several successful computer games. He had granted licenses for the use of the software, which licences were assigned to the defendants. Disputes arose as to the calculation of royalty payments, and the claimant . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction

Updated: 15 August 2022; Ref: scu.237257

Byers and Others (Liquidators of Madoff Securities International Ltd) v Yacht Bull Corporation and Another: ChD 1 Feb 2010

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 in article 1(2)(b) did not apply so as to exclude application of the regulation.

Judges:

Sir Andrew Morritt, Chancellor

Citations:

[2010] BCC 368, [2010] ILPr 24, [2010] EWHC 133 (Ch), Times 15-Feb-2010, [2010] WLR (D) 18

Links:

Bailii, WLRD

Statutes:

Council Regulation (EC) No 44/2001 of December 22, 2000

Jurisdiction:

England and Wales

Jurisdiction, Insolvency

Updated: 14 August 2022; Ref: scu.396744

TNT Express Nederland v AXA Versicherung AG: ECJ 28 Jan 2010

ECJ (Opinion) Judicial cooperation in civil Jurisdiction, recognition and enforcement of judgments – Regulation (EC) No 44/2001 Scope Conventions Member States in specific matters CMR Lis another court

Judges:

Kokkott AG

Citations:

C-533/08, [2010] EUECJ C-533/08

Links:

Bailii

Statutes:

Regulation (EC) No 44/2001

Jurisdiction:

European

Cited by:

Opinion – TNT Express Nederland v AXA Versicherung AG ECJ 4-May-2010
ECJ Opinion – Judicial cooperation in civil and commercial matters Jurisdiction and recognition and enforcement of judgments Regulation (EC) No 44/2001 Article 71 Conventions concluded by the Member States in . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Transport

Updated: 13 August 2022; Ref: scu.396582

Kinnear and Others v Falconfilms Nv and Others: QBD 27 Jan 1994

The deceased had died in an accident whilst filming in Spain for the defendants. The plaintiff personal representatives sought damages here, while the defendants denied that the court had jurisdiction under the 1968 Convention, and said that the death actually occurred as a consequence of the negligence of his medical treatment in Spain.

Judges:

Phillips J

Citations:

[1994] EWHC QB 1, [1996] 1 WLR 920, [1994] ILPr 731, [1994] 3 All ER 42

Links:

Bailii

Statutes:

Brussels Convention on Civil Jurisdiction and Judgments 1968, Civil Liability (Contribution) Act 1978 1, Civil Jurisdiction and Judgments Act 1982

Citing:

Cited – Haqen v Zeehaqhe ECJ 1990
ECJ ‘Article 6(2) makes provision for a special jurisdiction, which the Plaintiff may choose because of the existence, in clearly defined situations, of a particularly close connecting factor between a dispute . .
Cited – Somafer Sa v Saar-Ferngas Ag ECJ 22-Nov-1978
ECJ 1. The Convention of 27 September 1968 must be interpreted having regard both to its principles and objectives and to its relationship with the treaty. The question whether the words and concepts used in the . .
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 . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Personal Injury

Updated: 11 August 2022; Ref: scu.383805

Ashton Investments Ltd. and Another v OJSC Russian Aluminium (Rusal) and others: ComC 18 Oct 2006

The claimants sought damages for breach of confidence saying that the defendants had hacked into their computer systems via the internet to seek privileged information in the course of litigation. The defendants denied this and said the courts had no jurisdiction.
Held: The court at this stage should look no further than asking whether there is a serious issue to be tried, and should be careful to avoid usurping the task of the judge at trial by assessing the weight of the evidence. That had been shown. As to the jurisdiction, though any direct acts of the defendants may have occurred in Russia: ‘The attack emanated from Russia but it was directed at the server in London and that is where the hacking occurred. In my view, significant damage occurred in England where the server was improperly accessed and the confidential and privileged information was viewed and downloaded. The fact that it was transmitted almost instantly to Russia does not mean that the damage occurred only in Russia. If a thief steals a confidential letter in London but does not read it until he is abroad, damage surely occurs in London. It should not make a difference that, in a digital age of almost instantaneous communication, the documents are stored in digital form rather than hard copy and information is transmitted electronically abroad where it is read. The removal took place in London. ‘ Though remedies might be available in Russia, the factors including ongoing litigation here generally supported English jurisdiction. However the claimants had not shown sufficient case against the non-corporate defendants and those cases were dismissed.

Judges:

Jonathan Hirst QC

Citations:

Times 31-Oct-2006, [2006] EWHC 2545 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Seaconsar Far East Ltd v Bank Markazi Jomhouri Islami Iran HL 15-Oct-1993
A plaintiff must show that there is a ‘serious issue for trial’ to support and justify an application for overseas service. The standard of proof in respect of the cause of action relied on is whether, on the evidence, there was a serious question . .
Cited – Canada Trust Company and others v Stolzenberg and others (2) CA 29-Oct-1997
The court looked at questions relating to domicile and jurisdiction; standard of proof, date to be determined and duties before service.
Held: The court is endeavouring to find an imprecise concept which reflects that the plaintiff must . .
Cited – Konkola Copper Mines Plc and Another v Coromin Ltd and others CA 17-Jan-2006
A stay was sought to allow other proceedings to continue.
Held: A stay of the court’s own proceedings in support of an arbitration elsewhere ‘required rare and compelling circumstances’. . .
Cited – Distiller’s Co (Biochemicals) Ltd v Thompson PC 19-Jan-1971
(Australia) There had been a negligent failure in New South Wales to warn a pregnant woman of the dangers of taking the drug thalidimide.
Held: When looking at jurisdiction to hear a complaint of a tort, the court should look to where in . .
Cited – Watson v Daily Record Ltd CA 1907
The court considered what was necessary to justify the court taking jursdiction against a non-resident defendant in a defamation action.
Cozens-Hardy LJ said: ‘Now it seems plain that the Court has a discretion, and that a plaintiff cannot . .
Cited – Douglas, Zeta-Jones, Northern and Shell Plc v Hello! Limited, Hola SA, Junco, The Marquesa De Varela, Neneta Overseas Limited, Ramey CA 12-Feb-2003
The claimants claimed infringement of the privacy of their wedding celebrations. They requested permission for service out of the jurisdiction to join Mr Ramey as defendant, saying he had been the one who had taken some of the photographs in New . .
Cited – Spiliada Maritime Corporation v Cansulex Ltd, The Spiliada HL 1986
Forum Non Conveniens Restated
The House reviewed the authorities on the principle of forum non conveniens and restated how to apply the principle where the defendant seeks a stay of proceedings on the ground that there is another more appropriate forum.
Held: ‘In the . .
Cited – In Re Banco Nacional De Cuba ChD 7-Jun-2001
Where it was alleged that shares in a UK company had been sold at an undervalue, so as to allow a challenge in insolvency proceedings, the leave of the court was still required if the pleadings were to be served abroad. When the court considered . .
Cited – Unilever Plc v Chefaro Proprietaries Ltd; Chiron Corp etc v Organon CA 24-Nov-1994
The Court of Appeal gave guidance on what criteria are to be used by them for expediting appeals cases.
Glidewell LJ stated that what must be shown ito establish common design in an allegation of tort is that there are ‘facts from which an . .
Cited – Metall and Rostoff v Donaldson Inc CA 1990
The court looked at how to establish where a tort was committed in order then to test its jurisdiction: ‘As the rule now stands it is plain that jurisdiction may be assumed only where (a) the claim is founded on a tort and either (b) the damage was . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Jurisdiction

Updated: 09 August 2022; Ref: scu.245437

Harb v King Fahd Bin Abdul Aziz and Another: CA 9 Nov 2005

The wife sought to continue her claim for ancillary relief despite the death of her husband, the former King of Saudi Arabia.
Held: The court’s jurisdiction over the King had been challenged. However the claimants claim now abated on the death of the king, and could not proceed: ‘a claim for financial provision between living spouses or former spouses is not a cause of action under section 1 of the 1934 Act which survives the death of either spouse. Unlike rights of action at common law, the rights enjoyed by spouses or former spouses to make claims for financial relief against each other are exclusively derived from statute, and wholly dependent for their prosecution on the status of the applicant as spouse, or former spouse whose marriage has been dissolved by judicial decree and who has not re-married. ‘ (Wall LJ) It was inappropriate to seek to rule on the jurisdictional issue.

Judges:

Thorpe LJ, Dyson LJ, Wall J

Citations:

Times 21-Nov-2005, [2005] EWCA Civ 1324

Links:

Bailii

Statutes:

Matroimonial Causes Act 1973 23

Jurisdiction:

England and Wales

Citing:

Cited – Mosey v Mosey and Barker 1956
An order had been made against the husband, upon the dissolution of a marriage, securing an annual sum for the maintenance of the wife and their child that was to be agreed upon or referred to the district registrar. The order envisaged contuation . .
Cited – Dipple v Dipple 1942
The court considered the abatement of an application for financial relief in divorce proceedings on the death of one party.
Held: The wife’s claim to secured provision was not a cause of action within the terms of section 1(1). The wife only . .
Cited – Sugden v Sugden CA 1957
The husband died after having had made against him an order to pay maintenance to the two children of the marriage.
Held: The order could not be enforced against his personal representatives after his death. The court explained why a claim . .
Cited – D’Este v D’Este; D(J) v D(S) FD 1973
The husband had obtained a decree absolute of divorce against his wife. The matrimonial home had been conveyed to them jointly. He remarried and applied to the court for variation of the post-nuptial settlement. He died before the application was . .
Cited – Cooke v Gill CCP 11-Jan-1873
What constitutes a cause of action is ‘every fact which is material to be proved to entitle the plaintiff to succeed.’ . .
Cited – Read v Brown CA 1-Dec-1888
Lord Esher defined the phrase ’cause of action’ to mean ‘Every fact which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the court.’ . .
Cited – McMinn v McMinn 2003
A section 27 claim cannot be pursued by a surviving spouse. Black J said: ‘It is clearly established that until an ancillary relief order has been made, an ancillary relief claim is not a cause of action. This appears to be because of the . .
Cited – Regina v Secretary of State for the Home Department, Ex Parte Salem HL 3-Mar-1999
The House of Lords has the power to hear a case where the parties have in effect settled and there remains no lis at issue, but the House will not hear such an academic case where no general issue of importance is at stake, or the facts are . .
Cited – Barder v Barder; Barder v Caluori HL 1988
Later Event no ground to appeal from consent order
The matrimonial home had been owned jointly by the husband and wife. In divorce proceedings, an order was made by consent that the husband should transfer his interest in the home to the wife within 28 days. Before the order had been executed, the . .
Cited – Maconochie v Maconochie 1916
If there was a general rule that the death of a party in a divorce case leads to the abatement of the action, then it cannot be supported. . .
Cited – Re Bramwell (Deceased) and Campbell v Tobin and Another FD 1988
The court considered the effect on an ancillary relief claim where one pary died: ‘In these circumstances, in my judgment, it is clear – as has been recognized and acknowledged without recorded dissent for over 40 years – that in matrimonial . .
Cited – Ainsbury v Millington (Note) HL 1987
There had been a dispute between the parties as to a council house tenancy, but by the time it came before the House, the tenancy had ceased to exist, and the action was academic.
Held: Once the parties have settled their dispute there remains . .
Cited – Letang v Cooper CA 15-Jun-1964
The plaintiff, injured in an accident, pleaded trespass to the person, which was not a breach of duty within the proviso to the section, in order to achieve the advantages of a six-year limitation period.
Held: Trespass is strictly speaking . .
Lists of cited by and citing cases may be incomplete.

Family, Jurisdiction

Updated: 08 August 2022; Ref: scu.234689

Apex Global Management Ltd v FI Call Ltd and Others: ChD 19 Mar 2013

The court considered a claim to sovereign immunity made on behalf of respondents who were the half brother of the sovereign and his son. They lived apart from the sovereign but claimed to be members of his household.
Held: The claims to immunity failed. Claims made by family members other than the very closest might succeed, but only rarely and not in this case.

Judges:

Vos J

Citations:

[2013] EWHC 587 (Ch), [2013] WLR(D) 111

Links:

Bailii, WLRD

Statutes:

Diplomatic Privileges Act 1964, State Immunity Act 1978

Jurisdiction:

England and Wales

Jurisdiction

Updated: 07 August 2022; Ref: scu.471963

Choudhary and Others v Bhatter and Others: CA 11 Nov 2009

The parties disputed matters within a company in India. The defendant appealed against an order under which the court had accepted jurisdiction.
Held: The appeal succeeded. The opening words of article 22 giving jurisdiction ‘regardless of domicile’ were not intended to apply to the courts of a member state, such as Denmark, which was not bound by the regulation; and therefore the direction was not intended to apply as between the courts of member states and the courts of non-member states. The proper venue was India.

Judges:

Ward LJ, Stanley Burnton LJ, Sir John Chadwick

Citations:

[2009] EWCA Civ 1176, [2009] WLR (D) 326

Links:

Times, Bailii, WLRD

Statutes:

Council Regulation 44/2001/EC (OJ January 16, 2001 L12/1) 22

Jurisdiction:

England and Wales

Citing:

Cited – Choudhary and Others v Bhatter and Others CA 29-Apr-2009
Application for security for costs in respect of an appeal . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, European, Company

Updated: 07 August 2022; Ref: scu.381729

Vale Do Rio Doce Navegacao SA and another v Shanghai Bao Steel Ocean Shipping Co Ltd and Others: QBD 14 Apr 2000

An arbitration process which sought to join parties who denied being part of the contract for arbitration could not itself decide the contractual power to enforce the arbitration. Accordingly the High Court had no jurisdiction either to apply the arbitration exception to the Convention, or to act under its own practice direction, or to serve proceedings abroad under the Act.
Thomas J observed that it could not have been the intention that a party to a disputed arbitration agreement could obtain the decision of the courts on its existence without being subject to the restrictions contained in section 32 by the simple step of not appointing an arbitrator.

Judges:

Thomas J

Citations:

Times 16-May-2000, [2000] 2 All ER (Com) 70, [2000] EWHC 205 (Comm), [2000] 2 Lloyd’s Rep 1

Links:

Bailii

Statutes:

Arbitration Act 1996, Civil Jurisdiction and Judgments Act 1982, Arbitration Act 1996 32

Jurisdiction:

England and Wales

Cited by:

Cited – J T Mackley and Company Ltd v Gosport Marina Ltd TCC 3-Jul-2002
The claimant challenged the validity of a notice to refer a case to arbitration. The respondent challenged saying that the court had no jurisdiction to hear the objection, and that such issues were to be decided by the arbitrator. The claim related . .
Cited – UST-Kamenogorsk Hydropower Plant Jsc v AES UST-Kamenogorsk Hydropower Plant Llp SC 12-Jun-2013
Arrangements between the parties owners and operators of a power plant in Kazakhstan required disputes to be arbitrated in London under ICC Rules. That clause was governed by English law, and the remainder by Kazakh law. A ruling by the Supreme . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Jurisdiction

Updated: 06 August 2022; Ref: scu.90099

New Hampshire Insurance Company and others v Phillips Electronics North America Corporation: CA 16 May 1997

In the context of applications for negative declarations: ‘1. There is power to grant a negative declaration in an appropriate case, the fundamental test being whether it would be useful. 2. However, careful scrutiny will be exercised not only to test the utility, or the futility, of seeking to determine the claim by means of a negative declaration in England, but also to ensure that inappropriate forum shopping is not allowed, let alone encouraged. 3. A negative declaration will not be appropriate where it is premature or hypothetical, viz where no claim has been made or threatened against the plaintiff. 4. The existence of imminent or a fortiori current foreign proceedings is always a highly relevant consideration, not only for the purpose of testing the utility of the English claim, but also so as to having in mind the need to avoid the twin dangers of forum shopping and of the vices of concurrent proceedings.’ England was the natural forum to resolve issues of construction of a policy which fell to be determined by English law, but those issues were to be dealt with first and discretely and if resolved in one way would obviate the need for any further trial.

Judges:

Phillips LJ

Citations:

[1997] EWCA Civ 1727, [1998] CLC 1062

Jurisdiction:

England and Wales

Cited by:

Cited – Tryg Baltic International (UK) Ltd v Boston Compania De Seguros Sa and others ComC 28-May-2004
Four defendants from Argentina sought to have set aside an order for them to be served, saying the appropriate jursidiction, if there was a triable issue, would be Argentina.
Held: The agreements were to be construed according to English Law. . .
Cited – Royal and Sun Alliance Insurance Plc v Retail Brand Alliance Inc QBD 24-Sep-2004
The claimant sought payment under their insurance policy for damage from interruption to their business after the terrorist attack in New York on September 11, 2001. Proceedings had also been commenced in jurisdictions in the US.
Held: This . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Insurance

Updated: 03 August 2022; Ref: scu.142123

Channel Tunnel Group Ltd and Another v Balfour Beatty Construction Ltd and Others: CA 1 Apr 1992

The arbitration agreement specified that disputes were to be arbitrated in Brussels, therefore there was no jurisdiction in an English court.

Citations:

Gazette 01-Apr-1992

Statutes:

Arbitration Act 1950 12 (6) (h)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd and Others HL 17-Feb-1993
The court has the power to stay an action which pursued a remedy which was outside the terms of the arbitration agreement determining the dispute. The contract between the parties provided for disputes to be settled by arbitration in Belgium. The . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Jurisdiction

Updated: 31 July 2022; Ref: scu.78975

Boys v Chaplin: CA 1968

The plaintiff had been injured in a road accident in Malta. By the law of Malta, non-economic damage (pain and suffering, loss of amenity) was not actionable. Only financial loss was compensatable. The plaintiff brought proceedings in England. The court was asked whether the rule excluding liability for non-economic damage was part of the substantive law of Malta or concerned only the remedies which a Maltese court could provide.

Judges:

Lord Denning MR, Lord Upjohn

Citations:

[1968] 2 QB 1, [1967] EWCA Civ 3, [1968] 1 All ER 283, [1968] 2 WLR 328

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Boys v Chaplin HL 1969
The plaintiff sued in England for a traffic accident which had happened in Malta. The law of Malta would have denied certain elements of damages which would be available in this jurisdiction.
Held: Liability in respect of the road accident in . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Damages

Updated: 31 July 2022; Ref: scu.222527

Dubai Bank Ltd v Abbas and Another: CA 17 Jul 1996

The defendant sought to set aside service of a claim outside the jurisdiction, saying that no good and arguable case had been made out that he was domiciled in the UK. The bank said that he owned a house in London.
Held: Although domicile is defined in terms of ‘residence’, this concept must be construed in accordance with its ordinary meaning and connotes a settled or usual place of abode. There was no evidence to rebut the Defendant’s claim that he usually stayed with friends or in a hotel. There was thus no ‘good arguable case’ that he owned a property here or that he was registered as an occupier for any purpose.

Judges:

Simon Brown, Saville, Aldous LJJ

Citations:

[1997] ILPr 308, [1996] EWCA Civ 1342

Links:

Bailii

Statutes:

Civil Jurisdiction and Judgments Act 1982 41 42 43 44 45 46

Cited by:

Cited – High Tech International Ag and others v Deripaska QBD 20-Dec-2006
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 . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction

Updated: 30 July 2022; Ref: scu.372643

Deutsche Bank Ag v Sebastian Holdings Inc: ComC 14 Aug 2009

Judges:

Walker J

Citations:

[2009] EWHC 2132 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Deutsche Bank Ag v Sebastian Holdings Inc ComC 1-Dec-2009
. .
See Also – Deutsche Bank Ag v Sebastian Holdings Inc ComC 28-Apr-2016
. .
See Also – Deutsche Bank Ag v Sebastian Holdings Inc ComC 16-Dec-2016
. .
See Also – Deutsche Bank Ag v Sebastian Holdings Inc ComC 13-Dec-2017
. .
Lists of cited by and citing cases may be incomplete.

Jurisdiction

Updated: 30 July 2022; Ref: scu.372696

UBS AG and Another v HSH Nordbank Ag: CA 18 Jun 2009

‘This appeal turns on the construction of a jurisdiction clause. This is yet another case in which an action for a negative declaration has been used as a means of seeking to have a dispute litigated in what is perceived as a favourable forum’

Judges:

Collins of Mapesbury L, Ward, Toulson LJJ

Citations:

[2009] EWCA Civ 585, [2009] 2 Lloyd’s Rep 272, [2009] 1 CLC 934

Links:

Bailii

Jurisdiction:

England and Wales

Jurisdiction

Updated: 28 July 2022; Ref: scu.347059

Choudhary and Others v Bhatter and Others: CA 29 Apr 2009

Application for security for costs in respect of an appeal

Judges:

Longmore LJ

Citations:

[2009] EWCA Civ 510

Links:

Bailii

Statutes:

Council Regulation 44/2001/EC (OJ January 16, 2001 L12/1) 22

Jurisdiction:

England and Wales

Cited by:

Cited – Choudhary and Others v Bhatter and Others CA 11-Nov-2009
The parties disputed matters within a company in India. The defendant appealed against an order under which the court had accepted jurisdiction.
Held: The appeal succeeded. The opening words of article 22 giving jurisdiction ‘regardless of . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Litigation Practice

Updated: 26 July 2022; Ref: scu.346788

Republic of Haiti v Duvalier: CA 1989

The defendant had fled from Haiti with a large part of that country’s assets while in power. Proceedings were pending in France which gave no jurisdiction to grant a worldwide freezing or disclosure order. He had used a firm of English solicitors as his agents to conceal the stolen assets.
Held: The court ordered the firm to give information about the funds, granting world wide relief meanwhile under section 25 of the 1982 Act. The Convention requires each contracting state to make available, in aid of the court of another contracting state, such provisional and protective measures as its own domestic law would afford if its courts were trying the substantive action. That would be harmonisation of jurisdiction, although not of remedies.

Judges:

Staughton LJ

Citations:

[1990] 1 QB 202, [1989] 2 WLR 261

Statutes:

Civil Jurisdiction and Judgments Act 1982 25

Jurisdiction:

England and Wales

Citing:

Applied – Babanaft International Co SA v Bassatne CA 30-Jun-1988
The court considered whether the state in which enforcement of a judgment will take place should be the place where the debt is situated upon which it is sought to execute.
Held: There was nothing to preclude English courts from granting . .
Cited – Siskina (owners of Cargo lately on Board) v Distos Compania Naviera SA HL 1979
An injunction was sought against a Panamanian ship-owning company to restrain it from disposing of a fund, consisting of insurance proceeds, in England. The claimant for the injunction was suing the company in a Cyprus court for damages and believed . .

Cited by:

Cited – 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 . .
Cited – Derby and Co Ltd v Weldon CA 2-Jan-1989
The plaintiff sought damages for breach of contract, for negligence, breach of fiduciary duty and deceit and conspiracy. It sought a world-wide injunction.
Held: A freezing order (Mareva injunction) can be made in respect of assets which were . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Agency

Updated: 26 July 2022; Ref: scu.183505

Grovit v De Nederlandsche Bank Nv and Others: CA 24 Jul 2007

The claimants sought damages in defamation in respect of a letter faxed by the first defendant to the other defendants in London. The first defendant said that it had state immunity, and the other claimed similar benefits acting as the bank’s employees. The claimant now appealed against his action being struck out for lack of jurisdiction.
Held: The appeal was dismissed. The Bank and its employees, the second and third defendants, were exercising public law powers. They were performing the role of an administrative authority carrying out governmental supervisory functions which had been delegated to the Bank by the Dutch Government to protect the integrity of the financial system in the Netherlands. The fact that incidentally the letter contained libellous material did not deprive it of its essentially public law character.

Judges:

May LJ, Dyson LJ, Jacob LJ

Citations:

[2007] EWCA Civ 953, [2008] 1 WLR 51, [2008] 1 All ER (Comm) 106, [2008] ILPr 19

Links:

Bailii

Statutes:

State Immunity Act 1978 14(2)

Jurisdiction:

England and Wales

Citing:

Cited – Sonntag v Waidmann, Waidmann and Waidmann ECJ 21-Apr-1993
Europa 1. A claim for compensation for loss to an individual resulting from a criminal offence, even though made in the context of criminal proceedings, is civil in nature unless the person against whom it is . .
Cited – Lechouritou and Others v Federal Republic of Germany (Judgments Convention / Enforcement Of Judgments) ECJ 15-Feb-2007
Europa Brussels Convention ‘ First sentence of the first paragraph of Article 1’ Scope ‘Civil and commercial matters’ Meaning ‘Action for compensation brought in a Contracting State, by the successors of the . .
Lists of cited by and citing cases may be incomplete.

Defamation, Jurisdiction

Updated: 24 July 2022; Ref: scu.341666

Alfred Dunhill Ltd v Diffusion Internationale De Maroquinerie De Prestige Sarl: QBD 1 Feb 2001

The words of Article 5(3) are to be given an autonomous meaning and are not to be interpreted by reference to the definition of a cause of action under the particular national law concerned.

Judges:

Rokison QC J

Citations:

[2001] EWHC 2002 (QB), [2001] CLC 949, [2002] ILPr 1, [2002] 1 All ER (Comm) 950

Links:

Bailii

Statutes:

Brussels Convention 1968

Cited by:

Cited – Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd CA 2-Apr-2009
The appellant entered into two aircraft leasing agreements but were unable to maintain payments. They appealed against rejection of their argument that the agreements were not exempt from the controls under the 1977 Act by being international supply . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction

Updated: 24 July 2022; Ref: scu.331019

Mark v Mark: CA 19 Feb 2004

The husband sought to stay divorce proceedings saying that his wife was an illegal overstayer, and could not therefore establish residence either as habitual or as domicile of choice.
Held: Jurisdiction existed. The law since Shah had developed and the rule was one of public policy, not of construction. The Human Rights Act required the courts to provide a remedy, and jurisdiction could be granted based upon the wife’s habitual residence here. The need to prevent unlawful residence creating rights to benefits has no place in family law. The law has a margin of appreciation within which it could prevent an ouster of jurisdiction for an element of illegality.

Judges:

Thorpe, Waller, Latham LJJ

Citations:

Times 27-Feb-2004, [2004] EWCA Civ 361, [2004] EWCA Civ 168, Gazette 01-Apr-2004

Links:

Bailii, Bailii

Statutes:

Domicile and Matrimonial Proceedings Act 1973 5(2)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Barnet London Borough Council, Ex parte Shah HL 16-Dec-1982
The five applicants had lived in the UK for at least three years while attending school or college. All five were subject to immigration control, four had entered as students with limited leave to remain for the duration of their studies, and the . .
See Also – Mark v Mark CA 27-Nov-2002
Effect of questions about immigration status on domicile and jurisdiction to issue divorce petition. . .

Cited by:

Appeal from – Mark v Mark HL 30-Jun-2005
The petitioner sought to divorce her husband. Both were Nigerian nationals, and had married under a valid polygamous marriage in Nigeria. She claimed that the courts had jurisdiction because of her habitual residence here despite the fact that her . .
Cited – Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 29-Jul-2015
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day . .
Lists of cited by and citing cases may be incomplete.

Family, Jurisdiction

Updated: 24 July 2022; Ref: scu.194817

Charlotta, Marchioness Dowager of Annandale v James, Marquis of Annandale, John Baillie, Francis Holliday; and Many Others, Claiming To Be Creditors of William, Late Marquis of Annandale, Deceased: HL 21 Mar 1724

Forum competens – Jurisdiction – The Marchioness of Annandale, residing in England, being appointed executrix for behoof of her children, proves the late Marquis’s will in England; various personal creditors of the late Marquis, arrest in the tenants’ hands, a jointure payable to the executrix out of the Scots estates: the Court of Session having ordered her to purge the arrestments, before she drew her jointure: the judgment is reversed, and it is ordered that the arrestments be loosed without caution or consignation.

Citations:

[1724] UKHL Robertson – 467, (1724) Robertson 467

Links:

Bailii

Jurisdiction:

England and Wales

Scotland, Jurisdiction

Updated: 24 July 2022; Ref: scu.553899

The Owners of The Ship Philippine Admiral (Philippine Flag) v Wellem Shipping (Hong Kong) Limited and Another: PC 5 Nov 1975

(Hong Kong) Sovereign immunity was denied to state trading ships, restricting the extent of state immunity.

Citations:

[1975] UKPC 21, [1977] AC 373, [1976] 1 Lloyd’s Rep 234, [1976] 1 All ER 78, [1976] 2 WLR 214

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others HL 14-Jun-2006
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception . .
Cited – Holland v Lampen-Wolfe HL 20-Jul-2000
The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state . .
Cited – Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs SC 18-Oct-2017
The court was asked as to the compatibility of provisions in the 1978 Act with the human rights of the appellant. The claimants, Moroccan nationals were employed as domestic staff in embassies in London. They alleged both race discrimination and . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Transport

Updated: 23 July 2022; Ref: scu.444334

Football Dataco Ltd and Others v Sportradar Gmbh and Another: CA 29 Mar 2011

Matter referred to ECJ. The claimants sougt to restraiin alleged breach of database rights by the defendants in lists of Football League fixtures.

Citations:

[2011] EWCA Civ 330

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Football Dataco Ltd and Others v Sportradar Gmbh and Another ChD 17-Nov-2010
The claimants complained of alleged breach of database rights claimed by the claimants in their lists of football match schedules. . .

Cited by:

At CA – Football Dataco Ltd and Others v Sportradar Gmbh and Another ChD 8-May-2012
. .
Reference – Football Dataco Ltd and Others v Sportradar Gmbh and Another ECJ 21-Jun-2012
ECJ (Opinion) Directive 96/9/EC – Legal protection of databases – Concepts of extraction and re-utilisation – Location of the act of re-utilisation . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, European, Intellectual Property

Updated: 23 July 2022; Ref: scu.431246

Football Dataco Ltd and Others v Sportradar Gmbh and Another: ChD 17 Nov 2010

The claimants complained of alleged breach of database rights claimed by the claimants in their lists of football match schedules.

Judges:

Floyd J

Citations:

[2010] EWHC 2911 (Ch), [2011] ECDR 2, [2011] FSR 10, [2011] ECC 16

Links:

Bailii

Statutes:

Directive 96/9/EC on the Legal Protection of Databases

Jurisdiction:

England and Wales

Cited by:

Appeal from – Football Dataco Ltd and Others v Sportradar Gmbh and Another CA 29-Mar-2011
Matter referred to ECJ. The claimants sougt to restraiin alleged breach of database rights by the defendants in lists of Football League fixtures. . .
See Also – Football Dataco Ltd and Others v Sportradar Gmbh and Another ChD 8-May-2012
. .
At first instance – Football Dataco Ltd and Others v Sportradar Gmbh and Another ECJ 21-Jun-2012
ECJ (Opinion) Directive 96/9/EC – Legal protection of databases – Concepts of extraction and re-utilisation – Location of the act of re-utilisation . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, European, Intellectual Property

Updated: 23 July 2022; Ref: scu.426061

Hatzl and Another v XL Insurance Company Ltd: CA 19 Mar 2009

The claimant had taken an assignment of a cause of action from an english lorry driver whose load had been stolen in Italy. The insurer now appealed against a finding that the English court had jurisdiction.
Held: The insurers appeal succeeded. The Convention was not effective to give the court jurisdiction merely because one party was domiciled here.

Judges:

Lord Justice Rix, Lord Justice Jacob and Lord Justice Lawrence Collins

Citations:

[2009] EWCA Civ 223, Times 16-Mar-2009, [2010] 1 WLR 470, [2009] 1 Lloyd’s Rep 555, [2010] Bus LR 50, [2009] 3 All ER 617, [2009] 1 CLC 360

Links:

Bailii

Statutes:

Convention on the Contract for the International Carriage of Goods by Road 56, Carriage of Goods By Road Act 1965

Jurisdiction:

England and Wales

Cited by:

Cited – British American Tobacco Denmark A/S v Kazemier Bv SC 28-Oct-2015
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 . .
Lists of cited by and citing cases may be incomplete.

Transport, Jurisdiction

Updated: 23 July 2022; Ref: scu.323704

Novus Aviation Ltd v Onur Air Tasimacilik As: CA 27 Feb 2009

The defendant appealed against a refusal to set aside the grant of leave to serve outside the jurisdiction granted to the claimant. Neither party conducted and business in England, and the contract was made in Switzerland, but was expressed to be subject to English law.
Held: The appeal failed.
Lawrence Collins LJ said: I accept that at this stage it is by no means clear that any substantial issues of English law will arise at trial, and that the use of English in the negotiations is only one of the factors to be taken into account in determining the most appropriate forum. But the judge did not treat the governing law of the putative contract or the use of English in the documents and in the negotiations as in any sense conclusive. In my judgment he was entitled to come to the conclusion that Novus had shown clearly that England was the appropriate forum, and I am entirely unable to detect any error of principle or other ground for interfering with the judge’s exercise of discretion.

Judges:

Sir Stephen Brown, Wilson, Lawrence Collins LJJ

Citations:

[2009] EWCA Civ 122, [2009] 1 CLC 850, [2009] 1 Lloyd’s Rep 576

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Spiliada Maritime Corporation v Cansulex Ltd, The Spiliada HL 1986
Forum Non Conveniens Restated
The House reviewed the authorities on the principle of forum non conveniens and restated how to apply the principle where the defendant seeks a stay of proceedings on the ground that there is another more appropriate forum.
Held: ‘In the . .
Cited – BP Exploration Co (Libya) Ltd v Hunt 1976
The fact that the contract was governed by English law was the predominating factor to be borne in mind when deciding jurisdiction.
The court should be careful before describing as non-disclosure as material not included in an affidavit in . .
Cited – Amin Rasheed Shipping Corp v Kuwait Insurance Co HL 1983
A claimant must show good reason why service on a foreign defendant should be permitted. This head of jurisdiction was an exorbitant jurisdiction, one which, under general English conflict rules, an English court would not recognise as possessed by . .
Cited – du Pont du Nemours v Agnew CA 1987
An application was made to injunct the commencement of proceedings in England.
Held: The request failed. The court was asked whether the English claimants had shown a good argument for invoking the jurisdiction of the English court against . .
Cited – MacSteel Commercial Holdings (Pty) Ltd v Thermasteel V (Canada) Inc CA 1996
The South African and Canadian parties had contracted subject to the law of England. The Canadian company said that England remained inappropriate as the choice of forum.
Held: Jurisdiction was declined.
The distinction between the . .
Cited – Ilyssia Compania Naviera SA v Bamaodah ‘The Elli 2’ CA 1985
May LJ considered the creation of a contract by implication, saying: ‘no such contract should be implied on the facts of any given case unless it is necessary to do so: necessary, that is to say, in order to give business reality to a transaction . .
Cited – Mitsubishi Corp v Alafouzos 1988
Elements of English public policy may determine that an English Court is the appropriate forum to hear a case. Steyn J said: ‘one must keep constantly in mind that one is dealing with a head of public policy, which requires the Court to proceed with . .

Cited by:

Cited – VTB Capital Plc v Nutritek International Corp and Others SC 6-Feb-2013
The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Jurisdiction

Updated: 23 July 2022; Ref: scu.311759

The Carron Iron Company Proprietors v Maclaren, Dawson, Stainton: PC 23 Jul 1855

If the circumstances of a case are such as would make it the duty of one court in this country to restrain a party from instituting proceedings in another court here, they will also warrant it in imposing on him a similar restraint with regard to proceedings in a foreign court.
The fact of a foreigner having property in this country, enables the Court here to make effectual an injunction issued to him; but, especially in the case of a foreigner who seeks no assistance from the courts here, the issuing of such injunction ought clearly to be shown to be required as conducive to justice.

Judges:

Lord Cranworth LC

Citations:

[1855] EngR 700, (1855) 5 HLC 416, (1855) 10 ER 961, (1855) HL Cas 416, [1855] UKPC 1

Links:

Commonlii, Bailii

Cited by:

Cited – In re Nortel Companies and Others SC 24-Jul-2013
The court was asked as to the interrelationship of the statutory schemes relating to the protection of employees’ pensions and to corporate insolvency.
Held: Liabilities which arose from financial support directions or contribution notices . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Company, Jurisdiction

Updated: 23 July 2022; Ref: scu.292622

De la Vega v Vianna: 1830

The plaintiff, a Spaniard, had the Portuguese defendant, arrested in England for non-payment of a debt contracted in Portugal. The defendant claimed to be released on the ground that in Portugal imprisonment for debt had been abolished in 1774.
Held: The defence failed: ‘A person suing in this country must take the law as he finds it; he cannot, by virtue of any regulation in his own country, enjoy greater advantages than other suitors here, and he ought not therefore to be deprived of any superior advantage which the law of this country may confer. He is to have the same rights which all the subjects of this kingdom are entitled to.’

Judges:

Lord Tenterden CJ

Citations:

(1830) 1 Barn and Ad 284

Jurisdiction:

England and Wales

Cited by:

Cited – Don v Lippmann HL 1837
An action was brought in Scotland in 1829 on two French bills of exchange accepted in 1810.
Held: The defendant was able to rely on the Scottish 6 year period of prescription because: ‘Whatever relates to the remedy to be enforced, must be . .
Cited – Harding v Wealands HL 5-Jul-2006
Claim in UK for Accident in Australia
The claimant had been a passenger in a car driven by his now partner. They had an accident in New South Wales. The car was insured in Australia. He sought leave to sue in England and Wales because Australian law would limit the damages.
Held: . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction

Updated: 21 July 2022; Ref: scu.242983