Search Results for: Regulation EC 44/2001

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Nickel and Goeldner Spedition GmbH v “Kintra” UAB: ECJ 4 Sep 2014

niclel_kintraECJ1409 ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 1346/2000 – Article 3(1) – Concept of an ‘action related to insolvency proceedings and closely connected with those proceedings’ – Regulation (EC) No 44/2001 – Article 1(2)(b) – Concept of ‘bankruptcy’ – Action for payment of a … Continue reading Nickel and Goeldner Spedition GmbH v “Kintra” UAB: ECJ 4 Sep 2014

National Navigation Co v Endesa Generacion Sa (The Wadi Sudr): CA 17 Dec 2009

The court was asked whether a judgment of a fellow member state of the European Union ruling against a stay of proceedings on the basis that an arbitration clause was not incorporated in the contract can be relied on as creating an issue estoppel so as to prevent the English court deciding the point differently. … Continue reading National Navigation Co v Endesa Generacion Sa (The Wadi Sudr): CA 17 Dec 2009

Austro-Mechana Gesellschaft zur Wahrnehmung mechanisch-musikalischer Urheberrechte GmbH v Amazon EU Sarl: ECJ 21 Apr 2016

ECJ (Judgment) Reference for a preliminary ruling – Regulation (EC) No 44/2001- Jurisdiction in civil and commercial matters – Article 5(3) – Concept of ‘tort, delict or quasi-delict’ – Directive 2001/29/EC – Harmonisation of certain aspects of copyright and related rights in the information society – Article 5(2)(b) – Reproduction right – Exceptions and limitations … Continue reading Austro-Mechana Gesellschaft zur Wahrnehmung mechanisch-musikalischer Urheberrechte GmbH v Amazon EU Sarl: ECJ 21 Apr 2016

Wintersteiger v Products 4U Sondermaschinenbau GmbH: ECJ 19 Apr 2012

ECJ Regulation (EC) No 44/2001 – Jurisdiction and the enforcement of judgments in civil and commercial matters – Jurisdiction ‘in matters relating to tort, delict or quasi-delict’ – Determination of the place where the harmful event occurred or may occur – Website of a referencing service provider operating under a country-specific top-level domain of a … Continue reading Wintersteiger v Products 4U Sondermaschinenbau GmbH: ECJ 19 Apr 2012

Land Berlin v Sapir And Others: ECJ 28 Nov 2012

lb_sapirECJ2012 ECJ Regulation (EC) No 44/2001 – Article 1(1) – Article 6(1) – Notion of ‘civil and commercial matter’ – Amount unduly paid by a public authority – Claim for repayment of the amount paid in judicial proceedings – Jurisdiction based on a factual connection – Closely connected claims – Defendant domiciled in a third … Continue reading Land Berlin v Sapir And Others: ECJ 28 Nov 2012

Leventis and Vafias v Malcon Navigation Co Ltd and another: ECJ 28 Jun 2017

Third Party not bound by jurisdiction clause ECJ (Judicial Cooperation In Civil Matters Area of Freedom, Security and Justice : Judgment) Language of the case: Greek. for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EC) No 44/2001- Article 23 … Continue reading Leventis and Vafias v Malcon Navigation Co Ltd and another: ECJ 28 Jun 2017

As Flylal-Lithuanian Airlines v VAS ‘Starptautiska lidosta ‘Riga” and AS ‘Air Baltic Corporation’: ECJ 3 Jul 2014

References: C-302/13, [2014] EUECJ C-302/13_O, ECLI: EU: C: 2014:2046, [2014] EUECJ C-302/13 Links: Bailii, Bailii Coram: Mme Juliane Kokott AG ECJ Opinion – Regulation (EC) No 44/2001 – Scope – Concept of civil and commercial matters – Compensation for breach of EU competition law – Recognition of provisional and protective measures – Public Order Statutes: … Continue reading As Flylal-Lithuanian Airlines v VAS ‘Starptautiska lidosta ‘Riga” and AS ‘Air Baltic Corporation’: ECJ 3 Jul 2014

Nickel and Goeldner Spedition GmbH v ‘Kintra’ UAB: ECJ 4 Sep 2014

References: C-157/13, [2014] EUECJ C-157/13 Links: Bailii Coram: A. Tizzano, P ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 1346/2000 – Article 3(1) – Concept of an ‘action related to insolvency proceedings and closely connected with those proceedings’ – Regulation (EC) No 44/2001 – Article 1(2)(b) … Continue reading Nickel and Goeldner Spedition GmbH v ‘Kintra’ UAB: ECJ 4 Sep 2014

Young v Anglo American South Africa Ltd and Others: CA 31 Jul 2014

The parties disputed whether the claimant had a ‘good arguable case’ that the defendant had its central administration in England so as to give the court jurisdiction. Lord Dyson MR, Aikens LJ, Janet Smith D [2014] EWCA Civ 1130, [2014] WLR(D) 370 Bailii, WLRD Brussels 1 Regulation (Regulation EC 44/2001 60 England and Wales Jurisdiction … Continue reading Young v Anglo American South Africa Ltd and Others: CA 31 Jul 2014

Cox v Ergo Versicherung Ag: SC 2 Apr 2014

The deceased army officer serving in Germany died while cycling when hit by a driver insured under German law. His widow, the claimant, being domiciled in England brought her action here, claiming for bereavement and loss of dependency. The Court was asked whether German or UK law applied to the assessment of the damages. Held: … Continue reading Cox v Ergo Versicherung Ag: SC 2 Apr 2014

Windhorst v Levy: QBD 6 May 2021

Questions as to the court’s approach to the registration in this jurisdiction of a judgment of a German court under Council Regulation (EC) 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters. In particular, the court is asked to consider whether that registration should be set aside when the … Continue reading Windhorst v Levy: QBD 6 May 2021

Bols Distilleries VB (T/A As Bols Royal Distilleries) and Another v Superior Yacht Services Ltd: PC 11 Oct 2006

(Gilbraltar) The parties disputed the management contract for a racing yacht, and also the juridiction of the Supreme Court of Gibraltar to hear the case. Bols said that under regulation 2(1) Gibraltar had no jurisdiction. Held: The English court had jurisdiction by virtue of the clear agreement of the parties. That parts of the agreement … Continue reading Bols Distilleries VB (T/A As Bols Royal Distilleries) and Another v Superior Yacht Services Ltd: PC 11 Oct 2006

Wall v Mutuelle De Poitiers Assurances: QBD 25 Jan 2013

Judges: Tugendhat J Citations: [2013] EWHC 53 (QB) Links: Bailii Statutes: Council Regulation (EC) No 44/2001 Citing: Cited – FBTO Schadeverzekeringen v Jack Odenbreit ECJ 13-Dec-2007 ECJ Regulation (EC) No 44/2001 – Jurisdiction in matters relating to insurance – Liability insurance – Action brought by the injured party directly against the insurer – Rule of … Continue reading Wall v Mutuelle De Poitiers Assurances: QBD 25 Jan 2013

Yeda Research and Development CoLtd v Rhone -Poulenc Rorer International (Holdings) Inc and Imclone Systems Inc (Patent): IPO 17 Jun 2005

IPO Following the filing of a reference and statement by the claimant, the defendants (the proprietor and its exclusive licensee) in May 2004 sought a stay to await the outcome, initially of EPO opposition proceedings, but then when these were suspended, until the decision at first instance in parallel US entitlement proceedings expected to be … Continue reading Yeda Research and Development CoLtd v Rhone -Poulenc Rorer International (Holdings) Inc and Imclone Systems Inc (Patent): IPO 17 Jun 2005

In re The Alexandros T: SC 6 Nov 2013

The parties had disputed insurance claims after the foundering of the Alexandros T. After allegations of misbehaviour by the underwriters, the parties had settled the claims in a Tomlin Order. Five years later, however, the shipowners began proceedings in Greece making substantially similar allegations and claims, but under the equivalent in Greek law. In response … Continue reading In re The Alexandros T: SC 6 Nov 2013

Claxton Engineering Services Ltd v TXM Olaj-Es Gazkutato Kft: ComC 15 Oct 2010

Application for stay under the 1996 Act or alternatively under the Regulation. Judges: Gloster DBE J Citations: [2010] EWHC 2567 (Comm), [2011] ILPr 13, [2011] 1 Lloyds Rep 252 Links: Bailii Statutes: Council Regulation (EC) 44/2001, namely the Jurisdiction and Judgments Regulation 2, Arbitration Act 1996 9 Jurisdiction: England and Wales European, Arbitration Updated: 12 … Continue reading Claxton Engineering Services Ltd v TXM Olaj-Es Gazkutato Kft: ComC 15 Oct 2010

Sherdley and Another v Nordea Life and Pension Sa (Societe Anonyme): CA 16 Feb 2012

The claimants, though of British Nationality invested in the defendant Luxembourg company. They were habitually resident in Spain. The defendant challenged their right to sue for damages in the UK. Judges: Lord Neuberger MR, Rix, Etherton LJJ Citations: [2012] EWCA Civ 88 Links: Bailii Statutes: Judgments Regulation (EC No 44/2001) Jurisdiction: England and Wales Jurisdiction … Continue reading Sherdley and Another v Nordea Life and Pension Sa (Societe Anonyme): CA 16 Feb 2012

MD v CT: FD 25 Mar 2014

Mother’s appeal against orders which registered, and permitted enforcement of, a judgment made the Tribunal de Grande Instance d’Evry. Those orders for registration and enforcement were made pursuant to Article 28(2) of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the … Continue reading MD v CT: FD 25 Mar 2014

Cox v Ergo Versicherung Ag and Another: QBD 28 Oct 2011

The deceased died in a road traffic accident whilst serving in the Armed forces in Germany. The driver was insured under German law. The widow now claimed damages in England. She had entered a new relationship. Held: The object of section 844 of the German regulations was to restore the claimant to the financial position … Continue reading Cox v Ergo Versicherung Ag and Another: QBD 28 Oct 2011

Mazur Media Limited and Another v Mazur Media Gmbh in Others: ChD 8 Jul 2004

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 … Continue reading Mazur Media Limited and Another v Mazur Media Gmbh in Others: ChD 8 Jul 2004

DEPFA Bank Plc v Provincia Di Pisa: ComC 23 Mar 2012

The parties requested that a question be referred to the ECJ namely: ‘Are proceedings, in which a public authority alleges that an interest rate swap contract into which it has entered with a financial institution is invalid on grounds that it has exercised powers available to it (under its national administrative law as a public … Continue reading DEPFA Bank Plc v Provincia Di Pisa: ComC 23 Mar 2012

Bacon v Nacional Suiza Cia Seguros Y Reseguros Sa: QBD 30 Jul 2010

The claimant was injured in a road traffic accident in Spain, and sought to claim here. Judges: Tomlinson J Citations: [2010] EWHC 2017 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – FBTO Schadeverzekeringen v Jack Odenbreit ECJ 13-Dec-2007 ECJ Regulation (EC) No 44/2001 – Jurisdiction in matters relating to insurance – Liability insurance … Continue reading Bacon v Nacional Suiza Cia Seguros Y Reseguros Sa: QBD 30 Jul 2010

Choudhary and Others v Bhatter and Others: CA 11 Nov 2009

The parties disputed matters within a company in India. The defendant appealed against an order under which the court had accepted jurisdiction. Held: The appeal succeeded. The opening words of article 22 giving jurisdiction ‘regardless of domicile’ were not intended to apply to the courts of a member state, such as Denmark, which was not … Continue reading Choudhary and Others v Bhatter and Others: CA 11 Nov 2009

Maher and Another v Groupama Grand Est: CA 12 Nov 2009

Two English claimants respectively suffered injury in a French road accident. They brought claims for damages against the French insurer of the other driver. Judgment on liability was entered by consent. There were issues as to the assessment of damages and the award of interest. Held: ‘The existence of a right to recover interest as … Continue reading Maher and Another v Groupama Grand Est: CA 12 Nov 2009

Choudhary and Others v Bhatter and Others: CA 29 Apr 2009

Application for security for costs in respect of an appeal Judges: Longmore LJ Citations: [2009] EWCA Civ 510 Links: Bailii Statutes: Council Regulation 44/2001/EC (OJ January 16, 2001 L12/1) 22 Jurisdiction: England and Wales Cited by: Cited – Choudhary and Others v Bhatter and Others CA 11-Nov-2009 The parties disputed matters within a company in … Continue reading Choudhary and Others v Bhatter and Others: CA 29 Apr 2009

Underwriting Members of Lloyd’s Syndicate 980 and others v Sinco Sa: ComC 29 Jul 2008

The claimants, insurers, relied upon an exclusive jurisdiction clause contained in a binder given to a Greek broker. It set England and Wales for any dispute. The insurers had terminated the binder alleging fraudulent conduct by the broker. A declaration and damages were sought, but proceedings had not served when the broker sued the insurers … Continue reading Underwriting Members of Lloyd’s Syndicate 980 and others v Sinco Sa: ComC 29 Jul 2008

Orams and Another v Apostolides: QBD 6 Sep 2006

The court was asked whether an English court can recognise and enforce an order of the court of the Turkish Republic of Northern Cyprus. Held: Judgements of the courts of the Turkish Republic of Northern Cyprus were not enforceable in England. The Republic was not recognised either by the UK or by any other country … Continue reading Orams and Another v Apostolides: QBD 6 Sep 2006

Research In Motion UK Ltd v Visto Corporation: CA 6 Mar 2008

Article 28: ‘requires an assessment of the degree of connection, and then a value judgment as to the expediency of hearing the two actions together (assuming they could be so heard) in order to avoid the risk of inconsistent judgments. It does not say that any possibility of inconsistent judgments means that they are inevitably … Continue reading Research In Motion UK Ltd v Visto Corporation: CA 6 Mar 2008

Benatti v WPP Holdings Italy Srl and others: CA 28 Mar 2007

The parties had each begun proceedings in different jurisdictions within the European Union. They disputed which court was first seised. Held: The issue was decided by looking at when, in each case, the document instituting the proceedings was first lodged at court. Different jurisdictions within the Union had different procedures, but article 30 of the … Continue reading Benatti v WPP Holdings Italy Srl and others: CA 28 Mar 2007

West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and others (The Front Comor): HL 21 Feb 2007

A ship had foundered, and the owners disputed their insurance claim. The policy provided for arbitration in London, and one party sought an order to prevent the other commencing proceedings in another EU state in breach of the arbitration agreement. Held: English authority and European thought differed, and the matter should be referred to the … Continue reading West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and others (The Front Comor): HL 21 Feb 2007

Masri v Consolidated Contractors International (UK) Ltd: CA 24 Oct 2005

The defendants who were resident in Greece appealed a decision that the English court had jurisdiction over them, by virtue of a close connection of the matter with earlier proceedings heard here. Held: The fact that the defendants were all defendants in the earlier proeedings was what mattered. That these were new proceedings did not … Continue reading Masri v Consolidated Contractors International (UK) Ltd: CA 24 Oct 2005

West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and Another (“The Front Comor”): ComC 21 Mar 2005

Appeal against anti-suit order. The court ordered that since the question of whether an anti-suit injunction could be made to restrain proceedings abroad had been decided in Through Transport, that issue could go straight to the House of Lords. Judges: Mr Justice Colman Citations: [2005] EWHC 454 (Comm) Links: Bailii Statutes: EC Regulation 44/2001, Administration … Continue reading West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and Another (“The Front Comor”): ComC 21 Mar 2005

Mapfre Mutualidad Compania De Seguros Y Reaseguros Sa and Another v Keefe: CA 17 Jun 2015

Injury suffered whilst on holiday in Tenerife Judges: Moore-Bick, Black, Gloster LJJ Citations: [2015] EWCA Civ 598, [2015] 2 CLC 15, [2016] Lloyd’s Rep IR 94, [2015] WLR(D) 265, [2016] 1 WLR 905, [2015] CP Rep 39 Links: Bailii, WLRD Statutes: Council Regulation (EC) No 44/2001 11(2) Jurisdiction: England and Wales Jurisdiction, Personal Injury, European … Continue reading Mapfre Mutualidad Compania De Seguros Y Reaseguros Sa and Another v Keefe: CA 17 Jun 2015

Seven Licensing Company Sarl and Another v Ffg-Platinum Sa and Others: ComC 16 Nov 2011

Reasons for order refusing the Defendants’ application for a stay of these proceedings pursuant to Article 28 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Judges: Gloster J Citations: [2011] EWHC 2967 (Comm) Links: Bailii Jurisdiction: England and Wales Jurisdiction Updated: 05 May … Continue reading Seven Licensing Company Sarl and Another v Ffg-Platinum Sa and Others: ComC 16 Nov 2011

Polymer Vision R and D Ltd and Others v Van Dooren: ComC 17 Nov 2011

‘jurisdiction challenge involving the scope of the bankruptcy exception in Article 1.2(b) of Council Regulation 44/2001 (‘the Judgments Regulation’) which replicates an identical provision in the Brussels Convention. If the Judgments Regulation does not apply the question is whether, in view inter alia of Council Regulation 1346/2000 . . this court is forum non conveniens … Continue reading Polymer Vision R and D Ltd and Others v Van Dooren: ComC 17 Nov 2011

Dollfus Mieg et Cie v CWD International Ltd; LBJ Regents Ltd and another v Dolifus Mieg et Cie: QBD 17 Mar 2003

The applicant was a Part 20 defendant in a cross action brought between two other parties. It sought to have its own claim against the original claimant heard as a counterclaim. Held: Article 6 should not be construed so widely as to allow a cross claim by someone other than the original defendant to the … Continue reading Dollfus Mieg et Cie v CWD International Ltd; LBJ Regents Ltd and another v Dolifus Mieg et Cie: QBD 17 Mar 2003

Akcil and Others v Koza Ltd and Another: SC 29 Jul 2019

The first claimant was an English company all of whose shares were owned by a Turkish company. The second claimant as director caused changes to the company’s constitution and share structure. The parties disputed the jurisdiction of the UK Courts to hear the claim. Held: Lord Sales said: ‘I would allow the appeals by Koza … Continue reading Akcil and Others v Koza Ltd and Another: SC 29 Jul 2019

JP Morgan Chase Bank NA and Another v Berliner Verkehrsbetriebe (BVG) and Another: ComC 9 Jul 2009

Application by the Defendant for an order pursuant to Article 22(2) of the Council Regulation No.44/2001 on Jurisdiction that this court has no jurisdiction. The proceedings before this court are said to be ‘proceedings which have as their object . . the validity of the decisions’ of the organs of a legal person, the Defendant, … Continue reading JP Morgan Chase Bank NA and Another v Berliner Verkehrsbetriebe (BVG) and Another: ComC 9 Jul 2009

Soleymani v Nifty Gateway Llc: ComC 24 Mar 2022

Arbitration jurisdiction applications stayed The claimant sought declaratory relief as to the basis of a purchase after he placed a bid for a blockchain-based non-fungible token (also known as an NFT) associated with an artwork by the artist known as Beeple titled ‘Abundance’. The court was now asked to decide was whether the English court … Continue reading Soleymani v Nifty Gateway Llc: ComC 24 Mar 2022

AMT Futures Ltd v Marzillier and Others: SC 1 Mar 2017

AMT entered into many financial services agreements providing for exclusive EW jurisdiction. It now sought to restrain the defendant German lawyers from encouraging litigation in Germany saying that induced breaches of the contracts. It also sought as damages the costs incurred in the German litigation. The defendant asserted lack of jurisdiction saying that the alleged … Continue reading AMT Futures Ltd v Marzillier and Others: SC 1 Mar 2017

Vedanta Resources Plc and Another v Lungowe and Others: SC 10 Apr 2019

The claimants alleged negligence causing them personal injury and other losses arising from pollution from mining operations of the defendants in Zambia. The company denied jurisdiction. In the Court of Appeal the defendants’ appeals were dismissed. Held: The appeals failed save that the UK was not the proper jurisdiction to bring the case. The claim … Continue reading Vedanta Resources Plc and Another v Lungowe and Others: SC 10 Apr 2019

Cyprus Popular Bank Public Co Ltd v Vgenopoulos and Others: QBD 22 Jun 2016

The court was asked: ‘first, whether, in the case of a worldwide freezing order obtained in a foreign jurisdiction, the effect of obtaining an order under Article 38 of the Judgments Regulation (Council Regulation (EC) No. 44/2001 of 22 December 2000) (the ‘Judgments Regulation’) permitting the registration of the worldwide freezing order as a judgment … Continue reading Cyprus Popular Bank Public Co Ltd v Vgenopoulos and Others: QBD 22 Jun 2016

Knight v Axa Assurances: QBD 24 Jul 2009

The claimant was injured in a car accident in France. The defendant insurer said that the quantification of damages was to be according to French law and the calculation of interest also. The claimant said that English law applied. Held: The assessment of damages is a procedural matter, and is governed by the law of … Continue reading Knight v Axa Assurances: QBD 24 Jul 2009

Winkler and Another v Shamoon and Others: ChD 15 Feb 2016

The claimants sought a declaration as against the residuary beneficiaries (wife and daughter) under the will, saying that the claimants had a beneficial interest in company shares within the estate. The defendants fild acknowledgments of service but asserting expressly that they did not submit to the jurisdiction of the court. The claimants said that the … Continue reading Winkler and Another v Shamoon and Others: ChD 15 Feb 2016

Gomez and others v Encarnacion Gomez-Monche Vives and others: ChD 18 Feb 2008

The court had no jurisdiction in a claim by the three claimants against their mother, the first defendant, arising out of a trust created by their father. The family was Spanish and the trust was expressed to be governed by English law. The defendants said that the income subject to the claim was subject to … Continue reading Gomez and others v Encarnacion Gomez-Monche Vives and others: ChD 18 Feb 2008

Scottish and Newcastle International Limited v Othon Ghalanos Ltd: HL 20 Feb 2008

The defendant challenged a decision that the English court had jurisdiction to hear a claim in contract saying that the appropriate court was in Cyprus. The cargo was taken by ship from Liverpool to Limassol. An English court would only have jurisdiction of the cargo was ‘delivered’ in England. Held: The cargo was delivered on … Continue reading Scottish and Newcastle International Limited v Othon Ghalanos Ltd: HL 20 Feb 2008

Cooper Tire and Rubber Company Europe Ltd and Others v Dow Deutschland Inc and Others: CA 23 Jul 2010

‘ (1) whether the English court has jurisdiction pursuant to Article 6(1) of EC Council Regulation 44/2001 to determine claims made by the victims of illegal cartel arrangements found by the European Commission to have been made by the Defendants and (2) whether, if so, the proceedings should be stayed pursuant to Article 28 of … Continue reading Cooper Tire and Rubber Company Europe Ltd and Others v Dow Deutschland Inc and Others: CA 23 Jul 2010

British Airways Plc and Another v Sindicato Espanol De Pilotos De Lineas Aereas and Another: ComC 20 Jun 2013

The court was asked whether it had jurisdiction under the Regulation to determine the claim brought by the Claimants against a Spanish trade union, for damages and declaratory and injunctive relief alleging that strikes of Spanish airline pilots organised by the Union were unlawful under Spanish law in that they were in breach of the … Continue reading British Airways Plc and Another v Sindicato Espanol De Pilotos De Lineas Aereas and Another: ComC 20 Jun 2013

Apostolides v Orams and Others: CA 19 Jan 2010

The claimant had obtained an order in the Nicosia in the Republic of Cyprus and sought to enforce it in the UK court. The High court declined, and it was referred to the ECJ which in turn found that it could be registered. The defendant now challenged that decision saying that the court’s presiding judge … Continue reading Apostolides v Orams and Others: CA 19 Jan 2010

British American Tobacco Denmark A/S v Kazemier Bv: SC 28 Oct 2015

One container loaded with cigarettes was allegedly hi-jacked in Belgium en route between Switzerland and The Netherlands in September 2011, while another allegedly lost 756 of its original 1386 cartons while parked overnight contrary to express instructions near Copenhagen en route between Hungary and Vallensbaek, Denmark. The consignors claimed against English main contractors who undertook … Continue reading British American Tobacco Denmark A/S v Kazemier Bv: SC 28 Oct 2015

Gomez and others v Vives: CA 3 Oct 2008

The claimant appealed a finding that the court did not have jurisdiction over income payable to a trust governed by English law under which the claimant was beneficiary. Held: The appeal failed in part. Because Article 5 is in derogation from the basic principle of domicile in Article 2, the provisions of Article 5 are … Continue reading Gomez and others v Vives: CA 3 Oct 2008

Pacific International Sports Clubs Ltd v Soccer Marketing International Ltd and Others: ChD 24 Jul 2009

The parties disputed ownership of shares in the football club Dynamo Kiev. Claims were to be made under Ukrainian company law and in equity. The claimant (a company registered in Mauritius) sought to proceed here. The defendants (largely companies registered in the UK) said that the Ukraine was the proper jurisdiction. Held: The court declined … Continue reading Pacific International Sports Clubs Ltd v Soccer Marketing International Ltd and Others: ChD 24 Jul 2009

Oak Leaf Conservatories Ltd v Weir and Another: TCC 24 Oct 2013

The claimant conservatory installers claimed wrongful repudiation of the contract by the defendant householders. The defendants, living in Ayrshire, said that the English courts had no jurisdiction over the contract. Held: The court gave its reasons for accepting the defendants’ submission. The mere fact that Oak Leaf’s primary focus in advertising is on England did … Continue reading Oak Leaf Conservatories Ltd v Weir and Another: TCC 24 Oct 2013

Wright v Granath: QBD 16 Jan 2020

Defamation across borders – Jurisdiction The claimant began an action for defamation in an online publication. The Norwegian resident defendant had begun an action there seeking a declaration negating liability. The Court was now asked by the defendant whether under Lugano, the UK action was as to the same cause between the same parties, and … Continue reading Wright v Granath: QBD 16 Jan 2020

NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018

Right to be Forgotten is not absolute The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims were in Data Protection and the common law tort of … Continue reading NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018

Youell and others v La Reunion Aerienne and others: CA 11 Mar 2009

The parties disputed whether the court had jurisdiction. The defendant insurer argued that parallel issues had been referred to arbitration in France. Held: the claim was outside the range of the arbitration agreement, and a stay, which would have been the appropriate remedy was not granted. Lord Justice Rix, Lord Justice Jacob and Lord Justice … Continue reading Youell and others v La Reunion Aerienne and others: CA 11 Mar 2009

West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and Another (‘The Front Comor’): ComC 21 Mar 2005

References: [2005] EWHC 454 (Comm) Links: Bailii Coram: Mr Justice Colman Appeal against anti-suit order. The court ordered that since the question of whether an anti-suit injunction could be made to restrain proceedings abroad had been decided in Through Transport, that issue could go straight to the House of Lords. Statutes: EC Regulation 44/2001, Administration … Continue reading West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and Another (‘The Front Comor’): ComC 21 Mar 2005