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: 1999 To: 1999
This page lists 24 cases, and was prepared on 08 August 2015.
Slobodan Milosevic -v- The Netherlands; ECHR 19-Jan-1999 - 77631/01; [1999] ECHR 194
Antoine Goetz and others -v- Republic of Burundi ARB/95/3
10 Feb 1999
ICSID
Banking, International
[ ICSID ]
Normaco and Another -v- Lundman and Others Gazette, 10 February 1999; Times, 06 January 1999
10 Feb 1999
ChD
International
A Mareva order made ex parte freezing assets world-wide on an interim basis was nevertheless a judgment allowing jurisdiction for recognition and enforcement in foreign jurisdictions once it had been certified as such on an inter partes application.
Civil Jurisdiction and Judgments Act 1982 50
Askin and Others -v- Absa Bank Ktd and Others Times, 23 February 1999; Gazette, 31 March 1999; [1999] EWCA Civ 680
23 Feb 1999
CA
International
In hearing a forum non conveniens application the court could allow that justice was not practically available to the party in another jurisdiction only after it had first been shown that the other forum was available. Here the plaintiff facing criminal charges there, and was unwilling to return.
[ Bailii ]
Sithole and Others -v- Thor Chemical Holdings Ltd and Another Gazette, 03 March 1999; Times, 15 February 1999
3 Mar 1999
CA
International
A defendant wishing to plead forum non conveniens and applying for leave to appeal against summary judgment did not submit to jurisdiction merely by giving notice of intention to defend, and must do so to preserve his rights if the initial application failed.
In re Land and Maritime Boundary between Cameroon and Nigeria (Cameroon -v- Nigeria) [1998] ICJ Rep 275
25 Mar 1999
ICJ
International
[ ICJ ]
Viskase Ltd and Another -v- Paul Kiefel GmbH Times, 30 March 1999
30 Mar 1999
CA
International
The place of performance, and the breach of contract occurred at the place where goods were to be delivered and when they were to fulfil their purpose, not at the point when it was assembled. Here a machine delivered to England was to be judged under English law.
In Re Immunity of Special Rapporteur Times, 19 May 1999
19 May 1999
ICJ
International
A special rapporteur of the Commission on Human Rights on the Independence of Judges and Lawyers enjoyed the full privileges and immunity from suit of any kind, including for the contents of an interview which might otherwise be defamatory.
Convention on the Privileges and Immunities of the United Nations
QRS 1 APS and others -v- Frandsen; CA 21-May-1999 - Times, 27 May 1999; Gazette, 16 June 1999; [1999] 3 All ER 298; [1999] EWCA Civ 1463; [1999] 1 WLR 2169; [2000] ILPr 8
Crescent Oil and Shipping Services Ltd -v- Banco Nacional de Angola & Others Unreported, 28 May 1999
28 May 1999
ComC
Cresswell J
Banking, International
Whether company validly constituted - whether those persons who purported to act on behalf of the company authorised to do so - whether valid service within the jurisdiction- whether garnishee orders nisi should be set aside - sovereign immunity - the position of general banks - abuse of the process -forgery of documents.
Reichhold Norway ASA and Reichhold Chemicals Inc -v- Goldman Sachs International Times, 20 July 1999; [1999] EWCA Civ 1703; [1999] 2 Lloyd's Rep 567; [2000] 2 All ER 679; [1999] 2 LLR 567; [1999] 2 All ER (Comm) 174; [2000] 1 WLR 173
28 Jun 1999
CA
Lord Bingham CJ
Arbitration, Jurisdiction, Litigation Practice, International
An application was made to stay proceedings to await the decision of a foreign court. At first instance, Moore-Bick J had held that a Court has an interest in deciding the order in which related proceedings should be tried "not only because the existence of concurrent proceedings may give rise to undesirable consequences in the form of inconsistent decisions, but also because the outcome of one set of proceedings may have an important effect on the conduct of the other" and the court may manage the order in which the proceedings are heard. Case management is appropriate even where the proceedings are taking place between different parties in different jurisdictions, but before an action which has been properly commenced here is stayed pending the outcome of proceedings between different persons in another jurisdiction is granted, the defendant must show "very strong reasons for doing so and the benefits which are likely to result from doing so clearly outweigh any disadvantage to the plaintiff" Held: The appeal failed. Counsel had accepted "that the grant of stays such as this would be a rarity, account always being taken of the legitimate interests of plaintiffs and the requirement that there should be no prejudice to plaintiffs beyond that which the interest of justice were thought to justify."
1 Citers
[ Bailii ]
Regina -v- Secretary of State for Foreign Affairs ex parte Ferhut Butt; Admn 1-Jul-1999 - [1999] EWHC Admin 624; (1999) 116 ILR 607
Regina -v- Secretary of State for Foreign and Commonwealth Affairs ex parte Ferhut Butt; CA 9-Jul-1999 - [1999] EWCA Civ 1803
A Elaine Jordan -v- Roy Gregory Jordan [1999] EWHC Admin 666; [2000] 1 WLR 210; [1999] 2 FLR 1069; [1999] 3 FCR 481; [1999] Fam Law 695
12 Jul 1999
Admn
Simon Brown LJ, Auld LJ, Thorpe LJ
Family, International
The parties had married and divorced and made a financial settlement in the US, but the husband had returned to live in the UK. The wife now sought in effect to enforce the balance of the US order here.
1 Citers
[ Bailii ]
Saab and Another -v- Saudi American Bank Times, 29 July 1999; Gazette, 11 August 1999
29 Jul 1999
CA
Litigation Practice, International
When serving an English writ on an oversea company's premises in London, it was not necessary for the allegation to be in respect of business issues wholly or even substantially arising here, only that there is a real element of such business conducted here.
Companies Act 1985 694A - Oversea Companies and Credit and Financial Institutions (Branch Disclosure) Regulations 1992 (1992 No 3179)
James Masters; Steven Mark Ripley and Douglas Fugate -v- Jonathan Victor Leaver [1999] EWCA Civ 2016
29 Jul 1999
CA
International, Insolvency
[ Bailii ]
Lubbe and others -v- Cape Plc Times, 03 December 1999; Gazette, 17 December 1999; [1999] EWCA Civ 2107
24 Aug 1999
CA
Litigation Practice, International
Although the court had previously decided to hear a multi-party case here, rather than in South Africa, the failure to disclose an impending group action was sufficient to transform the case leaving South Africa as clearly the most appropriate forum for the case, and to stay the actions commenced here. The House upheld the general principle that an available forum must be one in which the plaintiff can sue as of right, but treated an undertaking to submit to the alternative jurisdiction (in that case, an undertaking by the English holding company to submit to the jurisdiction of the South African court) as sufficient to show that the forum is available even though given after the application for a stay.
1 Cites
1 Citers
[ Bailii ]
In Re K (A Minor) (Removal From Jurisdiction: Practice) Gazette, 02 September 1999
2 Sep 1999
CA
Children, International
Hearings involving the temporary removal of a child to a non-Convention country needed full preparation, and must be heard by a Family Division judge. The magnitude of the risks and the irretrievable consequences required this. Care should be taken to implement the fullest safeguards, and if necessary expert evidence on the practicality of enforcing such safeguards in that country in the case of breach.
Convention on the Civil Aspects of International Child Abduction 1980
Masters and Others -v- Leaver Gazette, 02 September 1999; Times, 05 August 1999
2 Sep 1999
CA
Insolvency, International
A judgment obtained by default against a bankrupt in a foreign jurisdiction, was not sufficient evidence of itself, to establish that the debt which it proved had been obtained or created by fraud, or by a fraud to which they were a party. The party had been debarred from defending himself, and a finding on those terms could not mean that the debt should survive a bankruptcy here.
Insolvency Act 1986 281 (3)
Oxfordshire County Council -v- S (A Child) (Care Order) Times, 11 November 1999
11 Nov 1999
FD
Children, International
An interim care order, whether made here or in a competent court abroad, had the effect of discharging any pre-existing orders for parental responsibility. A non-parent recipient of such a custody or parental responsibility order ceased to have such responsibility on the making of the interim care order.
Children Act 1989 8
Regina -v- Governor of Belmarsh Prison and Another, Ex Parte Gilligan; Regina -v- Governor of Exeter Prison and Another, Ex Parte Ellis; HL 1-Dec-1999 - Times, 24 November 1999; Gazette, 01 December 1999; [1999] UKHL 46; [1999] 3 WLR 1244; [2000] 1 All ER 113; [2001] 1 AC 84
England -v- Smith Gazette, 08 December 1999; [2001] Ch 419
8 Dec 1999
CA
Company, International
A liquidator of an Australian company sought damages from a 'world-wide' company Arthur Andersen' and sought in particular to examine a partner in the UK. Examination was at first refused since an English court would not make a similar order. That erred in taking a restrictive view of English insolvency practice. 'Insolvency Law' did not exclude other considerations such as the need for comity as shown in the section. Australian law applied to the examination of an accountant connected with insolvent Australian company.
Insolvency Act 1986 236
1 Citers
Higgs and Mitchell -v- The Minister of National Security and others; PC 14-Dec-1999 - Times, 23 December 1999; [1999] UKPC 55; [2000] 2 AC 228; [1999] 1 WLR 1679
Morris and Others -v- Banque Arabe et Internationale D'Investissement Sa Times, 23 December 1999; Gazette, 07 January 2000
23 Dec 1999
ChD
Litigation Practice, International
A party which had been ordered to produce documents which were under its control but in a foreign jurisdiction, did not have the right to refuse to produce them on the grounds that this would require them to breach the laws of the jurisdiction in which they were held. That was clearly a relevant consideration, but the decision remained that of the court which had a wide discretion. Rules regarding the enforcement of illegal contracts were not directly comparable.
