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.
Jurisdiction - From: 1998 To: 1998
This page lists 20 cases, and was prepared on 02 April 2018.
Berezovsky and Another v Forbes Inc and Another; QBD 19-Jan-1998 - Times, 19 January 1998
Gan Insurance Co Ltd and Another v The Tai Ping Insurance Co Ltd; ComC 31-Mar-1998 - [1998] EWHC 1210 (Comm); [1998] CLC 1072; [1999] Lloyd's Rep IR 229
Oxnard Financing SA v Dr Christian Rahn; Hans-Jakob Biedermann; Martin Haab-Biedermann and Frank Bodmer Times, 22 April 1998; Gazette, 13 May 1998; [1998] EWCA Civ 594
1 Apr 1998
CA
Jurisdiction, Company
Where defendants were members of a partnership in Swiss law capable of being sued in firm name, an English plaintiff may sue in firm or member names as he chose, and even though had no business operation within the jurisdiction.
[ Bailii ]
Hough v P and O Containers Ltd; Blohm and Voss Holding Ag and Others Third Parties Times, 06 April 1998; Gazette, 29 April 1998
6 Apr 1998
QBD
Jurisdiction, Contract
Where a contract contained a clear exclusive jurisdiction clause, a proposed defendant had a clear right to insist on the parties using that jurisdiction.
Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 Art 17
Waterford Wedgwood Plc and Another v David Vagli Ltd and Another, Haughton Third Party; ChD 13-May-1998 - Times, 13 May 1998; [1998] FSR 92
Canada Trust Co and Others v Stolzenberg and Others (No 4); CA 14-May-1998 - Times, 14 May 1998; [1998] EWCA Civ 774
Baltic Insurance Group v Jordan Grand Prix Limited and Others and Quay Financial Software Limited and Others (By Counter Claim and One Other Action); HL 20-May-1998 - Times, 17 December 1998; [1998] UKHL 49; [1999] 2 AC 127; [1999] 2 WLR 134; [1999] 1 All ER 289; [1999] 2 AC 127
REFCO Capital Markets Ltd and Another v Eastern Trading Co, Credit Suisse (First Boston) Ltd and Another Times, 07 December 2001; [1998] EWCA Civ 1020; [1999] 1 Lloyds Rep 159
17 Jun 1998
CA
Lord Phillips of Worth Matravers, Master of the Rolls, Lord Justice Schiemann and Lord Justice Waller
Jurisdiction, Litigation Practice
An application for Mareva relief was granted under s.25 where proceedings were pending in the US against Lebanese defendants arising out of futures transactions with respect of assets in England. On the application to discharge the order, the lower court held that, in view of the risk of asset dissipation, the merits was for the US court and granted a holding injunction. The plaintiffs were advised that such an application in the US would fail and sought declaratory relief instead. Rix J held that the forensic activity in Illinois should be regarded as if it were an application made and lost on the merits and discharged the injunction. Held: There was insufficient evidence of a real risk of dissipation of assets and that by the time the matter was before them the plaintiffs had effective security over substantial assets. A two-stage approach should be adopted on an application for interim relief under s.25 namely: (a) whether the facts would warrant the relief sought if the substantive proceedings were brought in England; (b) if yes, whether in the terms of s.25(2) the fact that the court has no jurisdiction apart from that section makes it inexpedient to grant the interim relief sought. Much effort was being spent in English courts attempting to give effect to letters rogatory requesting the English court to order the production of documents and oral deposition from third parties to litigation in the USA. Such orders are not part of standard procedure in England. Discovery against non-parties will not be provided because it simply was not part of English procedure.
Evidence (Proceedings in Other Jurisdictions) Act 1975
1 Cites
1 Citers
[ Bailii ]
Domicrest Ltd v Swiss Bank Corporation Times, 16 July 1998; [1999] QB 548; [1998] EWHC 2001 (QB)
7 Jul 1998
QBD
Jurisdiction, Negligence
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 payment would be made for the amount referred. The claimant relied on the representations to release goods in Switzerland and Italy on receipt of the copy payment order from the bank rather than waiting until it had been paid. The bank refused to pay on three copy payments orders in respect of goods which had been released from store in Switzerland and Italy. Held: The place of the damage was in Switzerland and Italy, where the goods were released without payment, rather than England, where the Swiss purchaser would have paid the price. The reasons for that finding were (a) that it was by reference to the loss of the goods that the damages were pleaded; and (b) that the essence of the complaint was that the goods were released prior to payment. Where negligent misstatement is alleged, the law governing the action is that of the country where the statement was made. The tortious act occurs when the statement is made not when and where the statement is relied upon.
Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1988
1 Citers
[ Bailii ]
Owners of the Ship Herceg Novi v Owners of the Ship Ming Galaxy Times, 30 July 1998; [1998] EWCA (Civ) 1223
16 Jul 1998
CA
Transport, Negligence, Jurisdiction
A claim for daages was made after ships collided, and one sank. Held: The judge had been wrong not to stay an action here where the proper jurisdiction was Singapore. That higher damages might be available under a different convention applying here did not mean that a party should be deprived of justice in Singapore. There is no one dominant international standard.
[ Bailii ]
First American Corporation and Another v Al-Nahyan and Others; Clark Clifford and Others v First American Corporation Times, 17 August 1998
17 Aug 1998
CA
Jurisdiction
A court had a discretion to order oral examination of a witness to support actions abroad but should not normally do so if the purpose appeared to be merely to obtain information rather than evidence.
Evidence (Proceedings in Other Jurisdictions) Act 1975 2
Raiffeisen Zentralbank Osterreich Aktiengesellschaft v National Bank of Greece Sa; QBD 25-Sep-1998 - Times, 25 September 1998
D v P (Forum Conveniens); FD 7-Oct-1998 - Gazette, 07 October 1998; [1998] 2 FLR 25
Reid v Ramlort Ltd Times, 14 October 1998
14 Oct 1998
IHCS
Jurisdiction
A Scottish court has no jurisdiction to act in a Scottish bankruptcy case could not act to retrieve property assigned without consideration to an English company with no connection to Scotland other than the gift.
Civil Jurisdiction and Judgments Act 1982 Sch 8
1 Cites
1 Citers
Reunion Europeenne Sa and Others v Spliethoff's Bevrachtingskantoor Bv and Another; ECJ 27-Oct-1998 - Times, 16 November 1998; C-51/97; [1998] ECR I-6511; [1998] EUECJ C-51/97
Hallegere Murthy Myetraie Murthy v Gnanatheevam Sivasjothi and others Times, 11 November 1998; [1998] EWCA Civ 1646; [1999] 1 WLR 467
30 Oct 1998
CA
Jurisdiction
Where a foreign defendant had accepted jurisdiction of a competent foreign court, that submission operated similarly in respect of a claim by a co-defendant in that case against the party in a related matter and the judgment was enforceable here.
1 Citers
[ Bailii ]
Jyske Bank (Gibraltar) Ltd v Spjeldnaes and Others (No 2) Times, 06 November 1998; Gazette, 04 November 1998
4 Nov 1998
ChD
Jurisdiction
A creditor is not able to enforce his rights directly against a third party holding money in trust for the debtor. Without taking out a winding up order he has no locus standi to claim. Case against Irish company to be dropped and restarted in Ireland.
Macmillan, Inc (Incorporated Under the Laws of the State of Delaware, Usa) MCC Proceeds Inc v Bishopsgate Investment Trust Plc (No 4) Times, 07 December 1998; [1998] EWCA Civ 1680; [1998] EWCA Civ 1679; [1999] CLC 417
4 Nov 1998
CA
Jurisdiction, Commercial, Intellectual Property
When a court came to be obliged to decide issues of foreign law which were in substance issues of fact, and experts disagreed, it had to do so, and the Court of Appeal had to come to its own conclusions respecting the circumstances in first instance court
1 Citers
[ Bailii ] - [ Bailii ]
Berezovsky and Another v Forbes Inc and Another; CA 27-Nov-1998 - Times, 27 November 1998; [1998] EWCA Civ 1791
Kuwait Oil Tanker Company SAK and another v Bader and others Unreported, 17 December 1998
17 Dec 1998
Moore-Bick J
Jurisdiction
1 Cites
1 Citers
