swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
International - From: 1997 To: 1997
This page lists 18 cases, and was prepared on 08 August 2015.
Zeran -v- America Online [1997] 129 F3d 327
1997
Wilkinson CJ
International, Defamation
(United States of America) Wilkinson CJ discussed the statutory protection given to Internet Service providers in the US: "Section 230 creates a federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the service. Specifically, Section 230 precludes courts from entertaining claims that would place a computer service provider in a publisher's role. Thus, lawsuits seeking to hold a service providers liable for its exercise of a publisher's traditional editorial functions -- such as deciding whether to publish, withdraw, postpone or alter content -- are barred" and "None of this means, of course, that the original culpable party who posts defamatory messages would escape accountability. While Congress acted to keep government regulation of the Internet to a minimum, it also found it to be the policy of the United States "to ensure vigorous enforcement of Federal criminal laws to deter and punish trafficking in obscenity, stalking, and harassment by means of computer". Congress made a policy choice, however, not to deter harmful on-line speech through the separate route of imposing tort liability on companies that serve as intermediaries for other parties' potentially injurious messages"
1 Citers
Kirin Amgen Inc -v- Boehringer Mannheim GmbH [1997] FSR 28
1997
Estoppel, International
1 Citers
Prosecutor -v- Blaskic (1997) 110 ILR 607
1997
International, Crime
(Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia) The acts of state officials acting in that capacity are not attributable to them personally but only to the state: "Such officials are mere instruments of a state and their official action can only be attributed to the state. They cannot be the subject of sanctions or penalties for conduct that is not private but undertaken on behalf of a state. In other words, state officials cannot suffer the consequences of wrongful acts which are not attributable to them personally but to the state on whose behalf they act: they enjoy so-called 'functional immunity'. This is a well-established rule of customary international law going back to the 18th and 19th centuries, restated many times since."
1 Citers
Mainschiffahrts-Genossenschaft Eg (Msg) -v- Les Gravieres Rhenanes Sarl Times, 25 February 1997; C-106/95; [1997] EUECJ C-106/95
25 Feb 1997
ECJ
International, European
Jurisdiction on contract of international trade chosen by explicit term.
Brussels Convention 1968
[ Bailii ]
Gaudiya Mission and Others -v- Kamalaksha Das Brahmachary; ChD 14-Mar-1997 - Times, 01 April 1997
Kuwait Oil Tanker Company S A K ; Sitka Shipping Incorporated -v- Al Bader; Qabazard and Stafford [1997] EWCA Civ 1318; [1997] 1 WLR 1410; [1997] 2 All ER 855; (1997) 141 SJLB 140; Times, 01 April 1997
24 Mar 1997
CA
Staughton, Waite, Aldous LJJ
International, Torts - Other
1 Citers
[ Bailii ]
Source Ltd -v- Tuv Rheinland Holding Ag and Others; CA 28-Mar-1997 - Times, 28 March 1997
In Re H and others (Minors); HL 10-Apr-1997 - [1997] 2 FCR 257; [1997] UKHL 12; [1998] AC 72; [1997] 2 All ER 225; [1997] 1 FLR 872; [1997] Fam Law 468
Propend Finance Property Ltd and Others -v- Sing and Another Times, 02 May 1997; [1997] EWCA Civ 1433; (1997) 111 ILR 611
17 Apr 1997
CA
Administrative, International
Diplomatic immunity had not been waived by an Australian policeman acting in breach of a court undertaking re documents. The effect of s14(1) was to give state officials protection �under the same cloak� as the state itself: �The protection afforded by the Act of 1978 to States would be undermined if employees, officers (or, as one authority puts it, �functionaries�) could be sued as individuals for matters of State conduct in respect of which the State they were serving had immunity. Section 14(1) must be read as affording to individual employees or officers of a foreign State protection under the same cloak as protects the State itself.� The court did not distinguish, or have to, between the scope of personal and subject-matter immunity.
State Immunity Act 1978 14(1)
1 Cites
1 Citers
[ Bailii ]
Bridge Oil Ltd -v- The Owners and/or demise charters of the Ship "Guiseppe Di Vittorio" (No. 1) Unreported, 15 July 1997
15 Jul 1997
AdCt
Clarke J
International
Admiralty practice � arrest of vessel � State immunity
1 Cites
1 Citers
Agnew and others -v- Lansforsakringsbolagens; CA 31-Jul-1997 - [1997] EWCA Civ 2253; [1997] 4 All ER 937
El Al Israel Airlines Ltd -v- Tsui Yuan Tseng; 16-Sep-1997 - (1999) 525 US 155; 919 FSupp 155; 147 ALRFed 783; 65 USLW 2817; 142 L Ed 2d 576; 119 SCt 662; 122 F3d 99
Regina -v- Bow Street Magistrates' Court ex parte Don King -v- Don King Productions Incorporated [1997] EWHC Admin 844
8 Oct 1997
Admn
Criminal Practice, International
Criminal Justice (International Co-operation) Act 1990 4(1)(a)
[ Bailii ]
Canada Trust Company and others -v- Wolfgang Otto Stolzenberg and others (2); CA 29-Oct-1997 - Times, 10 November 1997; [1997] EWCA Civ 2592; [1998] 1 WLR 547; [1998] 1 All ER 318
Case Concerning Gabeikovo-Nagymaros Project (Hungary/Slovakia) Times, 31 October 1997
31 Oct 1997
ICJ
International, Environment
A mutual failure to abide by a treaty did not discharge it; The performance of the 1977 Treaty was judged by modern environmental standards.
Sarrio Sa -v- Kuwait Investment Authority; HL 17-Nov-1997 - Times, 17 November 1997; [1997] UKHL 49; [1999] AC 32; [1997] 4 All ER 929; [1997] 3 WLR 1143; [1998] 1 Lloyd's Rep 129; [1998] Lloyd's Rep Bank 57; [1997] CLC 1640; [1998] ILPr 319; Independent, 19 November 1997
Baghlaf Al Safer Factory Co Br for Industry Ltd -v- Pakistan National Shipping Company and Another Gazette, 14 January 1998; Times, 17 December 1997; [1997] EWCA Civ 2955
17 Dec 1997
CA
Transport, International
An exclusive jurisdiction clause in contract remained effective though time barred in other country; jurisdiction declined on waiver of bar. A party with choice of jurisdictions suing here is only to be forced to change the forum after the time limit abroad has expired if the other party waives that time limit.
[ Bailii ]
Petrotrade Inc & Others -v- Clive Stafford Smith & Others (No. 1) [1999] 1 WLR 457; [1998] 2 All ER 346; [1998] CLC 298; Times, 08 December 1998
19 Dec 1997
ComC
Thomas J
International
ComC Conflict of laws - Brussels Convention- Article 6(1) - joinder of defendants to an existing action - date of determination of domicile of the defendants- date of original issue of writ as date of joinder.