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: 2000 To: 2000
This page lists 24 cases, and was prepared on 08 August 2015.
Village Residents' Association Ltd -v- An Bord Pleanala (No 2) [2000] 4 IR 321
2000
Laffoy J
International, Costs, Administrative
(Irish High Court) The court faced the first application for a Protective Costs Order (PCO) in the High Court of Ireland. Held: There was jurisdiction to make such an order, but it was difficult in the abstract to identify the type or types of cases in which the interests of justice would require the court to deal with costs in the manner indicated by a PCO and it would be unwise to attempt to do so. The principles in ex p CPAG seemed to meet the fundamental rubric that the interests of justice should require a PCO to be made. An order was not made in this case.
1 Cites
1 Citers
El Fadl -v- El Fadl; FD 2000 - [2000] 1 FLR 175
Agnew (Suing On His Own Behalf and In a Representative Capacity on Behalf of all Members of Lloyd's Syndicates 672, 79, 1023 and 590) and Others -v- Lansforsakringsbolagens A B; HL 17-Feb-2000 - Times, 23 February 2000; Gazette, 02 March 2000; [2000] UKHL 7; [2000] 1 All ER 737; [2001] 1 AC 223
Molins Plc -v- G D Spa Times, 01 March 2000; Gazette, 24 February 2000
24 Feb 2000
ChD
Litigation Practice, International
In a dispute between an Italian company and British one, each sought to have the case heard in its own country. The British company asserted that the case begun in Italy had been begun after at best misrepresentation by the other company, and sought an injunction preventing its being heard in Italy. The UK court refused to issue the injunction. It had the power to do so, but the parties must rely upon the Italian courts to discover the truth, and was asserted fell short of abuse of process.
Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Comercial Matters 1965 Cmd 3986 - Brussels Convention on Enforcement of Judgments in Civil and Commercial Matters 1968
1 Cites
1 Citers
Emesa Sugar (Free Zone) Nv -v- Aruba (No 2) Case C-17/98) Times, 29 February 2000
29 Feb 2000
ECJ
European, International
A national court had jurisdiction to make an order against a Non-EC body in order to prevent an imminent infringement of community law, provided that the court had proper and serious doubts about the implementation of the community law, the matter was urgent, and the national court made proper allowance for the Community's interests.
Pollard and Another -v- Ashurst; ChD 16-Mar-2000 - Times, 16 March 2000
Molins Plc -v- G D Spa Times, 29 March 2000; [2000] 1 WLR 1741
29 Mar 2000
CA
Aldous, Potter and Nourse LJJ
Litigation Practice, International
In a case where the national court which would deal with a matter was the court first seised of the matter, a stay could only be awarded where the proceedings until the proceedings were definitively pending in that court. Documents could be served by fax only if the party being served had explicitly consented to service by fax. Publication of a fax number on stationery was not sufficient to amount to consent. This rule contrasts directly with that applied to service by post.
Aldous LJ: "I have no doubt that service is a requirement of Italian law before proceedings become definitively pending before an Italian court. I accept that irregular service can under Italian law be validated either by appearance or an order of the judge and that such validation would be retrospective; but until such validation has been achieved the Italian court cannot be seised, as during the interim period the proceedings could not be definitively pending before the Italian court." and "In my view, seisin cannot depend upon what will happen in the future. This court is concerned to decide whether proceedings in Italy were definitively pending prior to 30 July 1999, the date when the English court was seised of the cause of action. As of that date no validation had taken place.
nce it is established, as it is, that service is required for proceedings to be definitively pending under Italian law, then the decision as to whether service took place depends upon whether service was effected as required by article IV of the Protocol to the Brussels Convention."
Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Comercial Matters 1965 Cmd 3986
1 Cites
1 Citers
Society of Lloyd's -v- White and others; QBD 14-Apr-2000 - Times, 14 April 2000
Kuwait Oil Tanker Company Sak; Sitka Shipping Incorporated -v- Abdul Fattah Sulaiman Khaled Al Bader; Hassan Ali Hassan Qabazard; Timothy St John Stafford and H Clarkson & Company Limited; Hugh O'Neill Mccoy; Kuwait Petroleum Corporation and Sheikh Ali Kh Times, 30 May 2000; Gazette, 08 June 2000; [2000] 2 All ER Comm 271; [2000] EWCA Civ 160
18 May 2000
CA
Nourse LJ
Torts - Other, International
The differences between tortious conspiracies where the underlying acts were either themselves unlawful or not, did not require that the conspiracy claim be merged in the underlying acts where those acts were tortious. A civil conspiracy to injure by unlawful means required proof of the nature of the agreement, the means alleged, the unlawful acts causing loss, and that each such act was part of the agreed purpose. The actual intent to cause injury need not be predominant.
The court defined two types of conspiracy to injure, namely conspiracy to injure by lawful means and conspiracy to injure by unlawful means: "A conspiracy to injure by lawful means is actionable where the claimant proves that he has suffered loss or damage as a result of action taken pursuant to a combination or agreement between the defendant and another person or persons to injure him, where the predominant purpose is to injure the claimant.
A conspiracy to injure by unlawful means is actionable where the claimant proves that he has suffered loss or damage as a result of unlawful action taken pursuant to a combination or agreement between the defendant and another person or persons to injure him by unlawful means, whether or not it is the predominant purpose of the defendant to do so."
1 Cites
1 Citers
[ Bailii ]
In Re J (Minor) (Isle of Man: Adoption) Gazette, 22 June 2000; Times, 07 June 2000; Gazette, 15 June 2000
7 Jun 2000
FD
Adoption, Children, International
Because the Isle of Man is not part of the United Kingdom under the Act, proceedings for an adoption of a child from the Isle of Man were an inter-country adoption, and so had to be commenced in the High Court. There was, however, nothing to prevent the High Court transferring the case to the County Court in appropriate situations. The need arose even though the Act envisaged a child subject to a freeing order being placed with a Manx couple with a view to adoption.
Adoption Act 1976 56
Lubbe (Suing As Administrator Of The Estate Of Rachel Jacoba Lubbe) and 4 Others -v- Cape plc and Related Appeals; HL 22-Jun-2000 - Gazette, 31 August 2000; [2000] UKHL 41; [2000] 4 All ER 268; [2000] 1 WLR 1545
Britten Norman Ltd (In Liquidation) -v- State Ownership Fund of Romania and Another Gazette, 27 July 2000; Times, 03 August 2000
27 Jul 2000
ChD
International, Arbitration
A letter of guarantee specified no place of payment. The debtor's obligation to seek out the creditor had no relevance in this situation, and the stipulation of an account in Romania for the payment was merely administrative. The obligation to pay crystallised only when the demand was made in accordance with the contract, and the place for payment was the place where the demand was made.
Bunzl -v- Martin Bunzl International Ltd and Others Times, 19 September 2000; Gazette, 03 August 2000
3 Aug 2000
ChD
European, Costs, International
Security for costs had been ordered against a Swiss resident claimant. Although Switzerland is not in the EU or in the EEA and therefore rules against discrimination against nationals of member states did not apply, Switzerland was still a signatory to the Brussels and Lugano Conventions for enforcement of judgments. The discretion to require security for costs was slightly wider a regards a Swiss national, but the court should still general follow the rule in Fitzgerald. Orders for security for costs against nationals of other EU member states were discriminatory.
Ace Insurance Sa-Nv -v- Zurich Insurance Company and Another; QBD 6-Sep-2000 - Times, 06 September 2000
Edmunds -v- Simmonds; QBD 4-Oct-2000 - Times, 21 November 2000; [2001] 1WLR 1003
Hutchinson -v- Newbury Magistrates Court [2000] EWHC QB 61; (2000) ILR 499
9 Oct 2000
QBD
Buxton LJ
Crime, International
The appellant's conviction for criminal damage to a fence at the Atomic Weapons Establishment at Aldermaston was upheld by the Crown Court; and she appealed by way of case stated to the Divisional Court, maintaining that she had acted in order to halt the production of Trident nuclear warheads at Aldermaston. The threat or use of nuclear weapons was contrary to customary international law as reflected in the Advisory Opinion of the International Court of Justice in the Case Concerning the Legality of the Threat or Use of Nuclear Weapons (1996) 110 ILR 161. Held: No clear rule was established. Had one been found: "It is agreed that a rule of international customary law, if it is sufficiently agreed in international law to be such, is translated automatically into English domestic law. The question however is how it should be characterised once it arrives here? Mr Mercer contended, after some hesitation, that the rule that he had formulated was in English law a rule of substantive criminal law, making conduct by the Crown or British Government in contravention of it a criminal act. That is a very striking submission in view of the context of the rule in its terms. I say nothing in passing as to the susceptibility of the Crown to criminal process. It is also in my view impossible to reconcile that contention with the debate Pinochet No 3 which concluded, illuminatingly subject to the specific dissent on this point by Lord Millet, that although state torture had long been an international crime in the highest sense . . . and therefore a crime universally in whatever territory it occurred, it was only with the passing of section 134 of the Criminal Justice Act 1998 that the English Criminal Courts acquired jurisdiction over "international", that is to say extra-territorial, torture. . . . the unlawfulness of the United Kingdom Governments conduct that is established in English Law by the transformation of the rule of International Law is unlawfulness of a more elusive nature than is to be found in the substantive criminal law. What exactly that nature is was never satisfactorily explained to us, despite the courts efforts to seek elucidation."
Criminal Justice Act 1998 198
1 Citers
[ Bailii ]
Habib Bank Ltd -v- Ahmed Times, 02 November 2000; Gazette, 09 November 2000
2 Nov 2000
QBD
International, Litigation Practice
The fact that public policy would sometimes allow the refusal of registration of a foreign judgment did not provide an opportunity to a party here to re-litigate the issue when he had had an opportunity to do so before the foreign court and had failed to take it. Foreign judgments may not be registered if they could be shown to have been obtained by fraud. Here documents were prepared in accordance with Islamic practice, and there was no evidence that any such fraud existed.
Foreign Judgments (Reciprocal Enforcement) Act 1933
Skrine and Co (a Firm) and others -v- Euromoney Publications plc and others Times, 10 November 2000; Gazette, 23 November 2000; [2001] EMLR 16
10 Nov 2000
QBD
Morland J
International, Human Rights, Defamation
The court was asked to strike out parts of a defemation pleading alleging that (i) the Malaysian Prime Minister had acted in a manner intended and/or calculated to interfere with the independent judiciary; (ii) Malaysian judges applied the law of defamation to penalise dissent and stifle freedom of expression; and (iii) the claimants' insurers only paid the original plaintiffs "exorbitant sums by way of ostensible damages and costs because they apprehended that the claimants would not have received a fair trial at the hands of Malaysia's internationally discredited legal system." Held: An English court should not be asked to judge the propriety of the actions of the judiciary of a friendly foreign state. This would put such friendly relations at risk and an English judge could have no way of making such a judgment. It was not a breach of an applicant's civil rights to enforce a properly made contribution order made there against a citizen here, since under the Act only an award which was just and equitable in all the circumstances could be made. The defence of fair comment could still be tried fairly.
Civil Liability (Contributions) Act 1978
1 Cites
1 Citers
Kuwait Airways Corporation -v- Iraqi Airways Company (Conjoined Appeals 4 and 5); CA 10-Nov-2000 - Gazette, 15 December 2000; Times, 21 November 2000; [2000] EWCA Civ 284; [2001] 3 WLR 1117
Trustor AB -v- Barclays Bank plc Gazette, 16 November 2000; Times, 22 November 2000
16 Nov 2000
ChD
International, Litigation Practice
The court had failed to stamp an order as to the entitlement to serve it outside the jurisdiction, and the defendant applied for summary dismissal. The court held that although the directions were mandatory, and the court should endorse reasons why leave had been given to serve the document outside the jurisdiction, such a failure was at most an irregularity, and could not justify the court saying the defendant had not been served.
Civil Procedure Rules 6.19 (3)
Pollard and Another -v- Ashurst; CA 21-Nov-2000 - Gazette, 18 January 2001; Times, 29 November 2000; [2000] EWCA Civ 291
Dubai Islamic Bank Pjsc -v- Paymentech Merchant Services Inc Gazette, 07 December 2000; Times, 24 November 2000
24 Nov 2000
QBD
Arbitration, International
The place of arbitration, the juridical seat, was necessarily and inherently established at the time when an arbitration began, and could not subsequently be moved, save with the consent of the parties. Until the point where the arbitration commenced, the juridical seat could be established as required under the Act by looking at all the circumstances, but to allow it to be reviewed and changed after commencement would allow it to become peripatetic.
Arbitration Act 1996 67 68 69
Regina -v- Secretary of State for the Home Department, ex parte Adan, Same, ex parte Aitsegeur; HL 20-Dec-2000 - Times, 20 December 2000; Gazette, 25 January 2001; [2001] 1 All ER 593; [2001] 2 WLR 143; [2000] UKHL 67; [2001] 2 AC 477
Al-Fawwaz -v- Governor of Brixton Prison; QBD 20-Dec-2000 - Times, 20 December 2000; [2000] EWHC Admin 424
