swarb.co.uk - law index
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Jurisdiction - From: 2004 To: 2004
This page lists 43 cases, and was prepared on 02 April 2018.
Blijdenstein (Judgment) C-433/01; [2004] EUECJ C-433/01
15 Jan 2004
ECJ
European, Jurisdiction
Europa Reference for a preliminary ruling: Bundesgerichtshof - Germany. Brussels Convention - Special rules of jurisdiction - Article 5(2) - Maintenance - Action for recovery brought by a public body subrogated to the rights of the maintenance creditor.
[ Bailii ]
The Society of Lloyd's v Tropp [2004] EWHC 33 (Comm)
20 Jan 2004
ComC
Jurisdiction
[ Bailii ]
Royal Bank of Canada v Cooperatieve Centrale Raiffeisen-Boerenleenbank Ba [2004] EWCA Civ 7
23 Jan 2004
CA
Lord Justice Mance Lord Justice Thorpe Mr Justice Evans-Lombe
International, Jurisdiction, Contract, Banking
The claimant sought an order to restrain proceedings in New York. The parties were based in Canada and the Netherlands, with places of business in New York and London also. The swap agreement underlying the claim provide for it to be governed non-exclusively by the laws of England, but which envisaged other courts applying it.
1 Cites
[ Bailii ]
Tavoulareas v Tsavliris [2004] EWCA Civ 48; [2004] 1 Lloyds Rep 445
5 Feb 2004
CA
The Hon Mr Justice Evans-Lombe, Lord Justice Mance, Lord Justice Thorpe
Jurisdiction
The court held that Greek proceedings required service for the purposes of establishing seisin, and therefore priority of jurisdiction. Mance LJ said: "Professor Antapassis says that, as a matter of Greek domestic law, the effect of art. 221 is that proceedings may be considered pending retrospectively from the date of filing of the writ, once service has been effected . . However, it is impossible to accept that the Greek proceedings were, for the purposes of art. 21 of the Brussels Convention, definitively pending from Nov. 8, 2001 (when they were filed). Article 21 requires a simple chronological approach, which is inconsistent with retrospectivity. That is obvious in principle, and was stated in Dresser, where Lord Justice Bingham said: 'Some tie-break rule was necessary, and that adopted by the Convention was a simple test of chronological priority.'"
Brussels Convention 21
1 Cites
1 Citers
[ Bailii ]
Don King v Lennox Lewis, Lion Promotions, LLC Judd Burstein [2004] EWHC 168 (QB)
6 Feb 2004
QBD
Eady J
Defamation, Jurisdiction
1 Citers
[ Bailii ]
Racy v Hawila [2004] EWCA Civ 209
18 Feb 2004
CA
Jurisdiction
[ Bailii ]
Mark v Mark Times, 27 February 2004; [2004] EWCA Civ 361; [2004] EWCA Civ 168; Gazette, 01 April 2004
19 Feb 2004
CA
Thorpe, Waller, Latham LJJ
Family, Jurisdiction
The husband sought to stay divorce proceedings saying that his wife was an illegal overstayer, and could not therefore establish residence either as habitual or or as domicile of choice. Held: Jurisdiction existed. The law since Shah had developed and the rule was one of public policy, not of construction. The Human Rights Act required the courts to provide a remedy, and jurisdiction could be granted based upon the wife's habitual residence here. The need to prevent unlawful residence creating rights to benefits has no place in family law. The law has a margin of appreciation within which it could prevent an ouster of jurisdiction for an element of illegality.
Domicile and Matrimonial Proceedings Act 1973 5(2)
1 Cites
[ Bailii ] - [ Bailii ]
Lennon v Scottish Daily Record and Sunday Mail Ltd [2004] EWHC 359 (QB)
2 Mar 2004
QBD
Jurisdiction, Defamation
[ Bailii ]
Euroafrica Shipping Lines Co Ltd v Zegluga Polska Sa and Another [2004] EWHC 385 (Comm)
3 Mar 2004
ComC
Jurisdiction
[ Bailii ]
Mohamed Moneim Al-Fayed for Judicial Review of A Decision of the Lord Advocate To Refuse To Instruct A Public Inquiry Into the Death of Emad Al-Fayed [2003] ScotCS 66
12 Mar 2004
OHCS
Lord Drummond Young
Scotland, Human Rights, Jurisdiction
The claimant sought judicial review of the minister's decision not to order a judicial public investigation of the death of his son in a car crash in Paris. Held: The primary obligation to undertake an enquiry fell upon France. The obligation of the respondent to instigate an inquiry applied only where the death occurred within the jurisdiction and where there was proper evidence that the death was violent: '"jurisdiction" in article 1 of the Convention is to be understood in a territorial sense. Thus the responsibility of a High Contracting Party under the Convention is confined, generally speaking, to events that take place within its own territory.'
European Convention on Human Rights 1
1 Cites
[ Bailii ] - [ ScotC ]
Smith (Wallace Duncan), Regina v (No 4) [2004] EWCA Crim 631; Times, 29 March 2004; [2004] QB 1418; [2004] 2 Cr App R 17; [2004] 3 WLR 229
17 Mar 2004
CACD
The Lord Chief Justice of England And Wales, Mr Justice Richards And Mr Justice Henriques
Crime, Jurisdiction
The defendant appealed convictions for fraudulent trading and obtaining property by deception, saying that the English court could not prosecute an offence committed principally in the US. Held: Provided some substantial element (here the deception) took place within the UK, and provided there was no offence to international comity, the court here could hear such a case. Convictions for obtaining services by deception were substituted for the property convictions, but otherwise the appeal was dismissed. The common law had to be allowed to develop. The court had to decide between Smith and Manning. Smith was preferred. Substitutional convictions were imposed.
Companies Act 1985 485
1 Cites
1 Citers
[ Bailii ]
Burridge v Airwork Ltd [2004] EWCA Civ 459
19 Mar 2004
CA
Jurisdiction, Personal Injury
Issue of liability only in a personal injury action arising out of a road traffic accident in Muscat, Oman
[ Bailii ]
Apple Corps Limited v Apple Computer, Inc [2004] EWHC 768 (Ch)
7 Apr 2004
ChD
Mann, The Honourable Mr Justice Mann
Intellectual Property, Jurisdiction
[ Bailii ]
Turner v Grovit; ECJ 27-Apr-2004 - Times, 29 April 2004; C-159/02; [2004] EUECJ C-159/02; [2005] 1 AC 101; [2004] ECR I - 3565; [2005] ICR 23; [2004] 3 WLR 1193; [2004] ECR I-3565; [2004] All ER (EC) 485
Munchener Ruckversicherungsgesellschaft (Trading As Munich Reinsurance Company) v Commonwealth Insurance Company [2004] EWHC 914 (Comm)
28 Apr 2004
ComC
The Honourable Mr Justice Morison
Jurisdiction, Insurance
Challenge to leave to serve proceedings on Canadian defendant.
1 Citers
[ Bailii ]
Harding v Wealands Unreported, 27 May 2004
27 May 2004
QBD
Elias J
Jurisdiction, Personal Injury
The claimant had been injured in a traffic accident in Australia. The parties lived together in England, but the driver was insured by an Australian company. He sought to sue here to avoid a limitation on damages imposed by Australian law. The issue was as to whether Australian rules should apply also here to the calculation of the damages. Is it a procedural or substantive question. Held: The restriction in the damages claim which would have applied in Australia was procedural not substantive, and the claimant could bring his action in the English court.
Private International Law (Miscellaneous Provisions) Act 1995
1 Citers
Tonicstar Limited (Operating As Lloyd's Syndicate 1861) v American Home Assurance Company [2004] EWHC 1234 (Comm)
27 May 2004
ComC
The Honourable Mr Justice Morison
Jurisdiction, Arbitration
[ Bailii ]
B v B (Residence: Imposition of conditions) [2004] EWCA Civ 681; Times, 07 July 2004
28 May 2004
CA
Lady Justice Arden DBE and Lord Justice Wall
Jurisdiction, Children
The court was asked whether it had jurisdiction to hear applications with regard to a child removed from Scotland. The father lived in Scotland, and the mother and child in England. The child had been habitually resident in Scotland and removed to England without the father's consent. The father sought transfer of the proceedings to Scotland. Held: The county court had not had jurisdiction. However the child had lived for more than a year in England before the mother began proceedings. All the section did was to deem a child to be resident in the country from which he had been taken for a period of one year. It was wrong to suggest that the proceedings once tainted with unlawfulness must continue to be so. The father's appeal was rejected.
Family Law Act 1996 - Child Abduction and Custody Act 1985
1 Cites
[ Bailii ]
Tryg Baltic International (Uk) Ltd v Boston Compania De Seguros Sa and others [2004] EWHC 1186 (Comm)
28 May 2004
ComC
Cooke The Honourable Mr Justice Cooke
Jurisdiction
Four defendants from Argentina sought to have set aside an order for them to be served, saying the appropriate jursidiction, if there was a triable issue, would be Argentina. Held: The agreements were to be construed according to English Law. There was an advantage in settling these issues in advance of pessification. "Where points of construction of English law are involved, particularly those which involve Reinsurance with conditions precedent, "full reinsurance" clauses and "follow the settlements" clauses, the natural expectation of the parties must be for the English Courts to resolve such matters. "
1 Cites
[ Bailii ]
Booth v Phillips and Others [2004] 1 WLR 3292; Times, 27 July 2004; [2004] EWHC 1437 (Admlty)
17 Jun 2004
ComC
Nigel Teare QC
Jurisdiction, Civil Procedure Rules, Transport
The claimant was widow of an engineer who died on the defendant's vessel in Egypt. She sought damages, but first had to establish jurisdiction. Held: Permission to serve out of the jurisdiction The ordinary and natural meaning of damage was not restricted to the actual event of the death, but rather included the damage which was sufferred, namely the loss of support, which occurred within the jurisdiction. The English court had jurisdiction, and could order service out of the jurisdiction.
Civil Procedure Rules 6.20 - Civil Procedure Act 1997 2(7)
1 Cites
1 Citers
[ Bailii ]
Heath Lambert Limited v Sociedad De Corretaje De Seguros, Banesco Seguros Ca [2004] EWCA Civ 792; Times, 02 July 2004
25 Jun 2004
CA
Lord Justice Clarke Lord Justice Wall Lord Phillips Of Worth Matravers, Mr
Jurisdiction, Limitation, Insurance
Out of various claims under insurances, one claim, for the payment of a premium on a policy of reinsurance remained. It provided that it was payable 90 days after the contract and in cash. Held: The words indicated that the obligation to pay began not with the contract but after the expiry of the 90 day period. Accordingly, the limitation period ran from that time, and the claim remained live.
Marine Insurance Act 1906 53(1)
1 Cites
1 Citers
[ Bailii ]
Stolzenberg and others v CIBC Mellon Trust Co Ltd and others [2004] EWCA Civ 827
30 Jun 2004
CA
Lord Justice Ward Lady Justice Arden Sir William Aldous
Torts - Other, Jurisdiction, Litigation Practice
The court considered the issue of the use of a strike out as a sanction for non-compliance with a court order. Held. The approach of the court in a case considering relief for sanctions - exemplified by RC Residuals v Linton Fuel was bound to be different from that in Arrow Nominees v Blackledge, as there was no "unless" order in the latter case. Her Ladyship stated: "The fact that an 'unless' order has been made inevitably means that there is an additional factor to consider. Had there been a relevant order in Arrow Nominees, that, too, would have been a factor. It is only a factor to be weighed in the balance. Moreover, compliance with orders of the court is not a question of judicial amore propre. It goes to the essence of the rule of law that parties subject to the court's jurisdiction . . should comply with the court's orders. The gravity of the matter of non-compliance is plainly increased where the non-compliance results from a conscious decision, as in this case. It follows, as Ward LJ said in High Tech Limited v Coventry City Council [1997] 1WLR 1666 at 1674 to 1675, that, 'If a party intentionally or deliberately . . flouts the order, he can expect no mercy'. He has to persuade the court that in all the circumstances the injustice to him outweighs the interests of the administration of justice and the injury to the other party."
1 Cites
1 Citers
[ Bailii ]
Al-Bassam v Al-Bassam [2004] EWCA Civ 857; Times, 22 July 2004
1 Jul 2004
CA
Sir Andrew Morritt VC, Lord Justice Chadwick, Lord Justice Carnwath
Jurisdiction, Wills and Probate
The claimant sought administration of her husband's estate according to his domicile in England. The defendant claimed the estate under Islamic law, and that there had been no marriage, and that he had been domiciled in Saudi Arabia. Held: The real issue was as to whether Sharia law should be applied and whether the will was executed properly. Issues to be decided by a court in Saudi would follow the decisions to be made first by the English court. Case management directions were to be made to bring before the English court the issues which that court can, and should, decide before addressing issues of Islamic law. The perpetual restraint against the defendant issuing proceedings in Riyadh was lifted, and the claimant was to be allowed to amend her pleadings.
1 Cites
[ Bailii ]
Mazur Media Limited, Apex Entertainment Group Limited(Both In Administrative Receivership) v Mazur Media Gmbh (In Provisional Insolvency Under the Laws of Germany), Manuel Sack, Iris Mazur, Hanspeter Rhein [2004] EWHC 1566 (Ch); Times, 29 July 2004
8 Jul 2004
ChD
The Honourable Mr Justice Collins
Jurisdiction, Insolvency, European
Proceedings were brought in England. The respondents sought a stay, saying the company was subject to insolvency proceedings in Germany. Held: Our domestic insolvency law was not applicable to foreign proceedings, and so could not be used to order a stay of proceedings here. (a) the English court has jurisdiction to determine Apex's claim for damages and for delivery up against Mrs Mazur under the Share Sale Agreement; (b) it will also have jurisdiction to determine Mazur Ltd's claim against Mazur GmbH to title to the Masters under the Assignment and for delivery up, subject to the determination of the issue as to whether Mazur Ltd has an arguable case for a term to be implied by business efficacy principles or by custom; (c) there is no substantive or jurisdictional basis for Apex's claim for a declaration that it has title to the Masters; (d) the court does not have jurisdiction over the tortious claims against any of the Defendants, nor over the claims against them (other than Mrs Mazur) for delivery up; and (e) there will be no stay in relation to those claims against Mazur GmbH over which the English court has jurisdiction.
Council Regulation (EC) No. 44/2001 - Insolvency Act 1986 130(2)
1 Cites
[ Bailii ]
Travelers Casualty and Surety Company of Europe Ltd and others v Arkwright and others [2004] EWHC 1704 (Comm)
16 Jul 2004
ComC
Jurisdiction, Insurance
[ Bailii ]
The Attorney General for St. Christopher and Nevis v Alexandre Yakovlevich Rodionov [2004] UKPC 38
20 Jul 2004
PC
Lord Bingham of Cornhill, Lord Steyn, Lord Rodger of Earlsferry, Lord Carswell, Lord Brown of Eaton-under-Heywood
Commonwealth, Jurisdiction
(St. Christopher and Nevis) The government of Canada requested the extradition of the respondent. The Attorney General sought special leave to appeal against the order for his discharge from custody, which had been on the grounds of the prejudice through long delay. The Board was concerned as to its jurisdiction. Held: No appeal lay against the judge's decision to the domestic Court of Appeal. Former common law rights of appeal to the Board were superceded by the new constitution. The current rules allowed no especial appeal to the Board save from the Cort of Appeal. Accordingly the Board had no jurisdiction to hear the complaint.
Judicial Committee Act 1844 1
1 Cites
[ Bailii ] - [ PC ]
Speed Investments Ltd and Another v Formula One Holdings Limited and Others (No 2) Times, 13 August 2004
20 Jul 2004
ChD
Lewison J
Jurisdiction
The defendants sought a stay of the action, arguing that proceedings had begun first in Switzerland. Held: An English court became seised of an action for the purposes of the Convention at the time when the proceedings were served. Under the Lugano Convention the court vested with jurisdiction where that jurisdiction arose under art 16, that could make its own decision as to jurisdiction.
Civil Jurisdiction and Judgments Act 1991 - Lugano Convention
1 Cites
1 Citers
Trumann Investment Group Limited (for Itself and Others v Societe Generale Sa, Cyport Communications International Limited and others [2004] EWHC 1769 (Ch)
27 Jul 2004
ChD
The Honourable Mr Justice Peter Smith
Jurisdiction
[ Bailii ]
Mahme Trust v Lloyds TSB Bank plc; ChD 29-Jul-2004 - Times, 25 August 2004
Moore v Moore [2004] EWCA Civ 1243
29 Jul 2004
CA
Family, Jurisdiction
[ Bailii ]
DSM Anti-Infectives Bv and Another v Smithkline Beecham Plc and Another [2003] EWCA Civ 1199
10 Sep 2004
CA
Lord Justice Peter Gibson Lord Justice Tuckey Lord Justice Longmore
Jurisdiction, Intellectual Property
[ Bailii ]
Royal and Sun Alliance Insurance Plc v Retail Brand Alliance Inc [2004] EWHC 2139 (Comm)
24 Sep 2004
QBD
The Honourable Mr Justice Langley
Insurance, Jurisdiction
The claimant sought payment under their insurance policy for damage from interruption to their business after the terrorist attack in New York on September 11, 2001. Proceedings had also been commenced in jurisdictions in the US. Held: This was not a case where jurisdiction was resolved as of right, and it was for the defendant to establish that the UK was the proper forum. The need to construe different parts of the policy and overlapping policies in one jurisdiction, and the locus of the business and loss all were factors suggesting that the natural forum would be in the US. Order accordingly.
1 Cites
[ Bailii ]
Inter-Tel Inc v Ocis Plc and Another [2004] EWHC 2269 (QB)
12 Oct 2004
QBD
The Honourable Mr Justice Tugendhat
Jurisdiction
[ Bailii ]
Base Metal Trading Ltd v Shamurin [2004] EWCA Civ 1316; Times, 01 November 2004; [2004] 4 All ER 1
14 Oct 2004
CA
Lady Justice Arden Lord Justice Tuckey Mr Justice Newman
Company, Jurisdiction, Equity
The claimant sought damages from what were said to be speculative trades carried out by the defendant whilst working in Russia. The claims were in both equity and in tort. He was a director of the company which was incorporated in Guernsey. Held: If the acts complained of did not relate to the constitution of a company, it must relate to its internal management. Where the claim related to the duties inherent in the office of director, the claim should be heard in the place of incorporation wherever the acts complained of took place. Russian law was applicable for the claim in tort, but Guernsey, where the company was incorporated, was the proper law of the claim in equity.
Contracts (Applicable Law) Act 1990
1 Cites
1 Citers
[ Bailii ]
OT Africa Line Limited v Magic Sportswear Corporation, Blue Banana, Eastern Marine Underwriters Inc, Cna Canada Holdings Inc, Subrogateway Inc [2004] EWHC 2441 (Comm)
3 Nov 2004
ComC
Mr Justice Langley
Jurisdiction
[ Bailii ]
British Sugar Plc and International Presses Manufacturing Ipm SRL v Babbini S.R.L.,Lionello Morando Babbini,Fratelli Babbini Di Lionello Babbini and C. S.A.S.,Bf Engineering S.P.A. [2004] EWHC 2560 (TCC)
12 Nov 2004
TCC
His Honour Judge Richard Seymour
Jurisdiction, Contract
[ Bailii ]
Speed Investments Limited, Slec Holdings LImited v Formula One Holdings Limited, Bambino Holdings Limited, Luc Argand, Emmanuele Argand-Rey [2004] EWCA Civ 1512; Times, 18 November 2004
12 Nov 2004
CA
The Hon Mr Justice Neuberger Lord Justice Aldous Lord Justice Carnwath
Jurisdiction, Company
The applicants, shareholders in the company, sought to stay an action in England, saying the action had first been commenced in Switzerland. Held: The issue was one of the internal management of the company. Though it did not relate to a matter of the constitution of the company it did relate to a shareholders agreement which concerned one of the main organs of the company. The company was registered in the UK, and the action should be heard here. The stay was refused.
Lugano Convention 21
1 Cites
[ Bailii ]
Shahar v Tsitsekkos and others [2004] EWHC 2659 (Ch); Times, 30 November 2004
17 Nov 2004
ChD
Mann J
Jurisdiction, Civil Procedure Rules
The defendant wished to make a claim against another party outside the jurisdiction and was granted permission to serve documents which were headed 'defence and counterclaim'. The proposed defendant argued that such a document could be served in this way. Held: The defendant should apply to the court for leave to add the party outside the jurisdiction, and the claim allowed would be treated as a counterclaim within Rule 20.
Civil Procedure Rules 20
1 Cites
1 Citers
[ Bailii ]
Through Transport Mutual Insurance Association (Eurasia) Ltd v New India Assurance Association Company Ltd [2004] EWCA Civ 1598; [2005] 1 Lloyd's Rep 67
2 Dec 2004
CA
Lord Justice Clarke The Lord Chief Justice Of England &Amp; Wales Lord Justice Rix
Arbitration, Jurisdiction
EC Regulation 44/2001
1 Cites
1 Citers
[ Bailii ]
Rogers-Headicar v Headicar [2004] EWCA Civ 1867
9 Dec 2004
CA
Family, European, Jurisdiction
Council Regulation (EC) No 1347/2000
[ Bailii ]
Al Skeini and Others, Regina (on the Application of) v Secretary of State for Defence and Another [2004] EWHC 2911 (Admin); Times, 20 December 2004; [2007] QB 140; [2005] 2 WLR 1401; [2005] HRLR 3; [2005] UKHRR 427; [2005] ACD 51
14 Dec 2004
Admn
Mr Justice Forbes Lord Justice Rix
Human Rights, Armed Forces, Jurisdiction, Coroners
Several dependants of persons killed in Iraq by British troops claimed damages. Held: The court considered extensively the scope and applicability of Article 1 duties. In general an English court would have no jurisdiction over deaths abroad at the hands of British troops in a war situation. One death however had occurred whist the deceased was in the custody of the British Forces whilst they were the occupying power. Here sufficient jurisdiction and duties of care arose, and the family were entitled to a proper investigation of the circumstances of the death.
European Convention of Human Rights
1 Cites
1 Citers
[ Bailii ]
Standard Steamship Owners' Protection and Indemnity Association (Bermuda) Ltd. v Gie Vision Bail and others [2004] EWHC 2919 (Comm)
15 Dec 2004
ComC
Cooke The Honourable Mr Justice Cooke
Jurisdiction, Insurance
[ Bailii ]
Harding v Wealands [2004] EWCA Civ 1735; Times, 05 January 2005; [2005] 1 WLR 1539
17 Dec 2004
CA
Lord Justice Waller Lady Justice Arden Sir William Aldous
Personal Injury, Jurisdiction
The claimant sought damages here for a road traffic accident which had occurred in Australia. The defendant was working in England. The defendant argued that the law of New South Wales applied. Held: The general rule in section 11 was not to be displaced. Roerig implied a bright line between matters of assessment and heads of damages. Applying Boys v Chapman there was no such clear line. Though the 1995 Act may have abolished the common law rule of double actionability, at the same time it intended to vary the common law so far as quantification and assessment of damages was concerned. The meaning of substance and procedure for the purposes of section 14 of the 1995 Act must be sought in the context of the 1995 Act. (Majority) The judge had been wrong to apply English law in preference to the restrictions on damages which would apply under the New South Wales Act.
Lady Justice Arden: "In the context of section 14, a principled approach requires the court to start from the position that it has already decided that the proper law of the tort is not the law of the forum, ie that some other law applies to the tort, either because it is the lex loci delicti or because it is substantially more appropriate than the lex loci delicti. On this basis, a reference to the law of the forum must be the exception, and it must be justified by some imperative which, relative to the imperative of applying the proper law, has priority." There is "a guiding principle" that: "Once the court has decided that the law of New South Wales is the proper law of the tort, it is logical, so far as possible, to apply the law of New South Wales throughout."
Private International Law (Miscellaneous Provisions) Act 1995 11
1 Cites
1 Citers
[ Bailii ]