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: 1998 To: 1998
This page lists 11 cases, and was prepared on 08 August 2015.
Lunney -v- Prodigy Services Co; 1998 - (1998) 250 AD 2d 230
England -v- Purves and Others Times, 29 January 1998
29 Jan 1998
ChD
International
An English court will not accede to a request for information from third parties here in circumstances in which an English court would not ask.
Sierra Leone Telecommunications Co Ltd -v- Barclays Bank Plc; QBD 25-Feb-1998 - Times, 25 February 1998; Gazette, 16 April 1998
P -v- P (Diplomatic Immunity Jurisdiction) Times, 02 March 1998
2 Mar 1998
FD
International, Children
A father returning home at end of a diplomatic posting, on his government's orders had state (not diplomatic) immunity to take the child home with him.
Diplomatic Privileges Act 1964
1 Citers
Kuwait Airways Corporation -v- Iraqi Airway Company and Another Times, 12 May 1998
12 May 1998
QBD
International
Court deciding whether to apply a foreign law had the discretion to allow for the conduct of international relations by that country and may refuse to give it effect. No absolute bar to such a decision.
Drouot assurances -v- Consolidated metallurgical industries and others (Judgment) Times, 10 June 1998; Gazette, 09 September 1998; C-351/96; ECJ/Cfi Bulletin 14/98, 7; C-351/96; [1998] EUECJ C-351/96
19 May 1998
ECJ
International, European
Where proceedings were brought in two member states, the second proceedings should not be automatically stayed where there was a difference in the actions such as an additional cause of action in the second claim. Lis alibi pendens is not appropriate in such a case. Cases which in fact involved different parties (ship owner and insurer) could be treated as the same for purposes of the convention only if the interests of the differing parties were genuinely identical.
Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968
[ Europa ] - [ Bailii ]
Rachel Lubbe; Nkala Johannes Maile; Matlaneng Johannes Mohlala; Catherine Eksteen Nel (Suing As Administratrix of the Estate of Mathys Christofel Nel) and Sebushi Pauline Selwana -v- Cape Plc [1998] EWCA Civ 1351
30 Jul 1998
CA
International, Litigation Practice
1 Cites
1 Citers
[ Bailii ]
In Re M and Another (Restraint Order: External Confiscation Order); CA 24-Aug-1998 - Times, 24 August 1998
Regina -v- Bartle and The Commissioner Of Police For The Metropolis and Others Ex Parte Pinochet Ugarte, Regina -v- Evans and Another and The Commissioner of Police For The Metropolis and Others (No 1); HL 22-Nov-1998 - Times, 26 November 1998; [1998] UKHL 41; [1998] 3 WLR 1456; [2000] 1 AC 61; [1998] 4 All ER 897
Petrograde Inc and Another -v- Smith and Others Times, 08 December 1998
8 Dec 1998
QBD
International
The time when a co-defendant's domicile fell to be considered under the convention was the time when process was originated not when a co-defendant was added, whether by re-issue or by service of amended writ.
Civil Jurisdiction and Judgments Act 1982 - Brussels Convention Art 6
Prosecutor -v- Furundzija Case No. IT - 95- 17/T 10
10 Dec 1998
ICT
International, Human Rights
The status of the prohibition on State torture as a rule of jus cogens has the consequence that at the inter-State level, any legislative, administrative or judicial act authorising torture is illegitimate. Furthermore, the prohibition on State torture imposes obligations owed by States erga omnes, to all other States which have a corresponding right and interest in compliance.
(International Criminal Tribunal for the Former Yugoslavia The Hague) The jus cogens character of the prohibition on torture means that it enjoys a higher rank in the international hierarchy than treaty law and even 'ordinary' customary rules with the consequence that no derogation from the rule by States can be permitted, whether through international treaties or local or special customs or even general customary rules not endowed with the same normative force. The prohibition of torture is an absolute value from which nobody must deviate.
1 Citers
[ ICT ]
