‘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 and the appropriate forum is the Netherlands. If the Judgments Regulation does apply, the issue is whether the defendant must, as a result of Article 2, be sued in the Netherlands, where he is domiciled, or whether Article 2 has been displaced by the special jurisdiction in Article 5.1 and 5.3 so that he may be sued in England.’
Judges:
Beatson J
Citations:
[2011] EWHC 2951 (Comm)
Links:
Jurisdiction:
England and Wales
Jurisdiction, Insolvency, European
Updated: 03 May 2022; Ref: scu.448385
