Money was transferred wrongfully out of the company, and then on again into the hands of the respondent. She received the money, and knew of its fraudulent provenance, but all her acts were committed outside the jurisdiction. Held: It was not sufficient that the original act in breach of trust occurred within the jurisdiction, the … Continue reading Dexter Ltd (In Administrative Receivership) v Harley: ChD 2 Apr 2001
Where a bankrupt was joint owner of property abroad but within the European Community, an English court could order the property to be sold and the proceeds paid to the trustee. Such an order could not be made against the land itself, but could be effective against the bankrupt in personam. The bankrupt and his … Continue reading Pollard and Another v Ashurst: ChD 16 Mar 2000
The appellants were all Danish companies put into liquidation for asset stripping in contravention of Danish law. The respondent was resident in the UK and had owned them. The Danish tax authorities issued tax demands and the liquidators now sought a similar sum in damages against the respondent. Held: An English court will not enforce … Continue reading QRS 1 APS and others v Frandsen: CA 21 May 1999
The defendants sought a declaration that they would not be liable in respect of their potential involvement in a pending action. The appellants asserted that such a declaration could not be granted since no proceedings were yet in issue. The court said that such orders might be useful in simplifying international court actions, and that … Continue reading Messier-Dowty Ltd and Another v Sabena Sa and Others: CA 21 Feb 2000
A UK court may not decline jurisdiction in enforcing Dutch copyright law if it is asked to do so. Citations: Times 17-Mar-1997, Gazette 16-Apr-1997 Statutes: Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (1968) (Cmnd 7395) Jurisdiction: England and Wales Cited by: Appeal from – Pearce v Ove Arup Partnership … Continue reading Pearce v Ove Arup Partnership Ltd and Others: ChD 17 Mar 1997
An English court does have power to order a non-resident non-party to contribute to the costs of a case, where that party was domiciled in a convention country. Here the third party was alleged to be the alter ego of the actual party. There was no requirement to have sued that third party first under … Continue reading National Justice Compania Naviera Sa v Prudential Assurance Co Ltd (No 2): CA 15 Oct 1999
A court has an inherent power to injunct a party not to institute or continue proceedings abroad, where they appear intended purely to harass another party in proceedings here. The two actions here were based upon the ‘same contractual relationship’ and concerned the ‘same subject matter’. This is not limited to cases of exclusive jurisdiction … Continue reading Turner v Grovit and others: CA 28 May 1999
The conduct of parties with usage consistent with rules under the convention governing consent to jurisdiction, and where they ought to know of such rules, made such rules part of their contract. Such usage is determined by the trade practice rather than national or international law. A national court must look to such trade usage … Continue reading Trasporti Castelleti Spedizioni Internazionali SpA v Hugo Trumpy SpA: ECJ 30 Jun 1999
Time share lettings are not rights in rem. UK consumer law applies to loans made for their purchase, and UK banks are liable for misrepresentations made by foreign companies if they are providing the finance. . .
