Smelter Corporation v O’Driscoll: 1977

(Ireland) In an action for misrepresentation, it did not matter that the representation was made by an agent who did not know that the representation was untrue.

Citations:

[1977] IR 307

Jurisdiction:

England and Wales

Cited by:

CitedSpice Girls Ltd v Aprilia World Service Bv ChD 24-Feb-2000
Disclosure Duties on those entering into contract
The claimants worked together as a five girl pop group. The defendants had signed a sponsorship agreement, but now resisted payment saying that one of the five, Geri, had given notice to leave the group, substantially changing what had been . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Agency, International

Updated: 23 November 2022; Ref: scu.194201

Molins Plc v G D Spa: ChD 24 Feb 2000

In a dispute between an Italian company and British one, each sought to have the case heard in its own country. The British company asserted that the case begun in Italy had been begun after at best misrepresentation by the other company, and sought an injunction preventing its being heard in Italy. The UK court refused to issue the injunction. It had the power to do so, but the parties must rely upon the Italian courts to discover the truth, and was asserted fell short of abuse of process.

Citations:

Times 01-Mar-2000, Gazette 24-Feb-2000

Statutes:

Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Comercial Matters 1965 Cmd 3986, Brussels Convention on Enforcement of Judgments in Civil and Commercial Matters 1968

Jurisdiction:

England and Wales

Citing:

See AlsoMolins Plc v GD Spa PatC 2-Feb-2000
. .

Cited by:

Appeal fromMolins Plc v G D Spa CA 29-Mar-2000
In a case where the national court which would deal with a matter was the court first seised of the matter, a stay could only be awarded where the proceedings until the proceedings were definitively pending in that court. Documents could be served . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, International

Updated: 22 November 2022; Ref: scu.83798

Crown Prosecution Service and Another v Gohil: CA 26 Nov 2012

The CPS had obtained evidence through letters of request. Mr and Mrs Gohil had previously divorced and reached a financial settlement. The evidence apparently disclosed further substantial assets which W said had not been disclosed in the settlement negotiations. She now sought to use the new information to use he re-opening of the ancillary relief proceedings.
Held: Information obtained for the purposes of criminal proceedings through letters of request could not be used for additional purposes.
Held: The decision in the BOC case was wrong and that the court was not bound by it. It also concluded that the fact that material obtained under the 2003 Act had been adduced in open court in a criminal trial did not render it admissible in proceedings not identified in the requests.

Judges:

Lord Dyson MR, Hallett, McFarlane LJJ

Citations:

[2012] EWCA Civ 1550, [2013] Lloyd’s Rep FC 115, [2013] 2 WLR 1123, [2013] Fam 276, [2013] Fam Law 389, [2013] 1 FCR 371, [2012] WLR(D) 351, [2013] 1 FLR 1095, [2013] 1 FAM 276

Links:

Bailii, WLRD

Statutes:

Crime (International Co-operation) Act 2003

Jurisdiction:

England and Wales

Citing:

See AlsoGohil v Gohil FD 25-Sep-2012
The parties had divorced and financial relief settled. W now applied to have the order set aside on the grounds of alleged serious material non-disclosure, fraud and misrepresentation by the husband. W had attended his later trial and obtained much . .

Cited by:

CitedTchenguiz v Director of The Serious Fraud Office and Others CA 31-Oct-2014
The appellant challenged an order of the Commercial Court refusing permission for documents disclosed in English litigation to be used in litigation proceedings in Guernsey. The principal issue is whether the judge correctly weighed up the . .
See AlsoGohil v Gohil (No 2) CA 13-Mar-2014
The parties had agreed financial provision on their divorce, but W subsequently discovered what she said was material non-disclosure by H. The court was now asked whether a court of first instance had jurisdiction to set aside a final financial . .
See AlsoGohil v Gohil SC 14-Oct-2015
The Court was asked ‘Do the principles referable to the admissibility of fresh evidence on appeal, as propounded in the decision of the Court of Appeal in Ladd v Marshall [1954] 1 WLR 1489, have any relevance to the determination of a spouse’s . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, International

Updated: 09 November 2022; Ref: scu.466289

Propend Finance Property Ltd and Others v Sing and Another: CA 17 Apr 1997

Diplomatic immunity had not been waived by an Australian policeman acting in breach of a court undertaking re documents. The effect of s14(1) was to give state officials protection ‘under the same cloak’ as the state itself: ‘The protection afforded by the Act of 1978 to States would be undermined if employees, officers (or, as one authority puts it, ‘functionaries’) could be sued as individuals for matters of State conduct in respect of which the State they were serving had immunity. Section 14(1) must be read as affording to individual employees or officers of a foreign State protection under the same cloak as protects the State itself.’ The court did not distinguish, or have to, between the scope of personal and subject-matter immunity.

Citations:

Times 02-May-1997, [1997] EWCA Civ 1433, (1997) 111 ILR 611

Statutes:

State Immunity Act 1978 14(1)

Jurisdiction:

England and Wales

Citing:

At QBDRegina v Central Criminal Court Ex Parte Propend Finance Pty Ltd and Others QBD 17-Mar-1994
A Home Secretary requesting warrants must be specific on the type he required. It was his duty, and not that of the police to state the method of seizure of documents for use in a foreign jurisdiction. A judge making an order should give reasons for . .

Cited by:

CitedJones v Ministry of Interior Al-Mamlaka Al-Arabiya As Saudiya Kingdom of Saudi Arabia) and Another CA 28-Oct-2004
The claimants sought damages alleging torture by the respondent whilst held in custody in Saudi Arabia.
Held: Although the state enjoyed freedom from action, where the acts were ones of torture, and action could proceed against state officials . .
CitedJones v Ministry of Interior for the Kingdom of Saudi Arabia and others HL 14-Jun-2006
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception . .
CitedBelhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
Lists of cited by and citing cases may be incomplete.

Administrative, International

Updated: 06 November 2022; Ref: scu.85060

United States of America v Nolan: ECJ 22 Mar 2012

ECJ (Opinion) Directive 98/59/EC – Admissibility – Protection of workers – Collective redundancies – Information and consultation of workers – Closure of a US military base – Scope – Time at which the obligation to consult arises

Judges:

Mengozzi AG

Citations:

C-583/10, [2012] EUECJ C-583/10

Links:

Bailii

Statutes:

Directive 98/59/EC

Jurisdiction:

European

Citing:

At EATUnited States of America v Nolan EAT 15-May-2009
EAT REDUNDANCY: Collective consultation and information / Protective award
An Employment Tribunal held that the USA was in breach of Section 188 of the Trade Union and Labour Relations (Consolidation) Act . .
At CA (1)United States of America v Nolan CA 9-Nov-2010
The claimant had sought a protective award under the 1992. She had been a civilian employee at a base operated by the appellant which it closed. She sought to sue as an employee representative, saying that the appellant had failed to consult its . .
At SCThe United States of America v Nolan SC 21-Oct-2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed.
At ECJUnited States of America v Nolan ECJ 18-Oct-2012
Reference for a preliminary ruling – Directive 98/59/EC – Protection of workers – Collective redundancies – Scope – Closure of an American military base – Information and consultation of workers – Time at which the consultation obligation arises – . .

Cited by:

OpinionUnited States of America v Nolan ECJ 18-Oct-2012
Reference for a preliminary ruling – Directive 98/59/EC – Protection of workers – Collective redundancies – Scope – Closure of an American military base – Information and consultation of workers – Time at which the consultation obligation arises – . .
Lists of cited by and citing cases may be incomplete.

Employment, International

Updated: 05 November 2022; Ref: scu.465003

Mahamdia v People’s Democratic Republic of Algeria (Judicial Cooperation In Civil Matters): ECJ 24 May 2012

Judicial cooperation in civil matters – Jurisdiction – State immunity from jurisdiction – Jurisdiction over individual contracts of employment – Dispute concerning the validity of the dismissal of the applicant who had been employed as a driver in a Member State by the embassy of a non-member country – Notion of agency, branch or other establishment within the meaning of Regulation (EC) No 44/2001 – Jurisdiction clause inserted in an individual contract of employment upon its conclusion – Compatibility of such a clause with Regulation No 44/2001

Citations:

C-154/11, [2012] EUECJ C-154/11 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

OpinionMahamdia v People’s Democratic Republic of Algeria (Judicial Cooperation In Civil Matters) ECJ 19-Jul-2012
Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Jurisdiction over individual contracts of employment – Contract with an embassy of a third State – Immunity of the employing State – Concept of branch, agency or other . .
Lists of cited by and citing cases may be incomplete.

Employment, International

Updated: 04 November 2022; Ref: scu.463203

Milor SRL and Others v British Airways Plc: CA 15 Feb 1996

The Warsaw Convention allows ‘forum shopping’, and the doctrine of forum non conveniens applies. Article 28(1) specifies the jurisdictions in which claims under the Convention may be brought. If the English Court is one of those jurisdictions, then our procedural rules which permit an action to be stayed in favour of another jurisdiction on grounds of convenience should not be applied in favour of another competent jurisdiction.
Phillips LJ said: ‘by way of example, if the procedural law of the chosen forum imposed a 12 month limitation period, it does not seem to me that this could displace the two year period of limitation laid down by article 29 of the Convention’.

Judges:

Phillips LJ

Citations:

Times 15-Feb-1996, [1996] QB 702

Statutes:

Warsaw Convention for the Unification of Certain Rules regarding International Air Transport 1929

Jurisdiction:

England and Wales

Cited by:

CitedGKN Westland Helicopters Ltd and Another v Korean Air Lines Co Ltd; Press Tech Controls Ltd v Same ComC 19-May-2003
The sum accepted as a payment in, in an air carriage case was capable of being the ‘amount of damages’ awarded under the convention. That it exceeded the amount offered in settlement negotiations meant that the rights to costs under article 22.4 . .
CitedLaroche v Spirit of Adventure (UK) Ltd CA 21-Jan-2009
Hot Air balloon was an aircraft: damages limited
The claimant was injured flying in the defendant’s hot air balloon. The defendant said that the journey was covered by the 1967 Regulations and the damages limited accordingly. The claimant appealed against a decision that the balloon was an . .
Lists of cited by and citing cases may be incomplete.

International, Jurisdiction, Transport

Updated: 27 October 2022; Ref: scu.83735

Sarrio Sa v Kuwait Investment Authority: HL 17 Nov 1997

The parties were spanish companies. They were involved in proceedings against each other in Spain. The respondent had begun an action here for negligent misrepresentation against the appellant. The appellant argued that given the Spanish proceedings, the English court did not have jurisdiction because of article 22.
Held: If the actions were related then the Spanish courts were first seised and had exclusive jurisdiction. The decision as to whether actions are related to each other, is based upon broad common sense, and not on any distinction between essential and non-essential issues.

Judges:

Lord Goff of Chieveley, Lord Lloyd of Berwick, Lord Hope of Craighead, Lord Clyde, Lord Saville

Citations:

Times 17-Nov-1997, [1997] UKHL 49, [1999] AC 32, [1997] 4 All ER 929, [1997] 3 WLR 1143, [1998] 1 Lloyd’s Rep 129, [1998] Lloyd’s Rep Bank 57, [1997] CLC 1640, [1998] ILPr 319, Independent 19-Nov-1997

Links:

House of Lords, Bailii

Statutes:

Brussels Convention 1968 Art 22, Civil Jurisdiction and Judgments Act of 1982 22

Jurisdiction:

England and Wales

Citing:

Appeal fromSarrio SA v Kuwait Investment Authority CA 12-Aug-1996
. .
CitedThe owners of the cargo lately laden on board the ship ‘Tatry’ v The owners of the ship ‘Maciej Rataj’ ECJ 6-Dec-1994
ECJ On a proper construction, Article 57 of the Brussels Convention on jurisdiction and the enforcement of judgments as amended means that, where a Contracting State is also a contracting party to another . .
At First InstanceSarrio SA v Kuwait Investment Authority ComC 12-Oct-1995
cw Conflict of laws – Brussels Convention – articles 21-22 – right to invoke – independent of domicile – forum conveniens – defendant domiciled in non-Contracting State – exclusion of common law rules – same . .

Cited by:

CitedCasio Computer Co Ltd v Sayo and others CA 11-Apr-2001
The court was asked whether a constructive trust claim based on dishonest assistance is a matter ‘relating to tort, delict or quasi delict’ for the purpose of Article 5(3) of the Brussels Convention?
Held: A constructive trust claim based upon . .
CitedIn 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 . .
Lists of cited by and citing cases may be incomplete.

International, Jurisdiction

Updated: 17 October 2022; Ref: scu.89014

Taurus Petroleum Limited v State Oil Marketing Company of The Ministry of Oil, Republic of Iraq: SC 25 Oct 2017

The parties disputed their contract arrangements. It was referred to an arbitration in London, but applying Iraqi law. The respondent failed to meet the award made against it, and the claimant sought to enforce the award here by means of third party debt orders. Issues arose as to who could take the benefit of the letters of credit.
Held: (Lord Mance DPSC and Lord Neuberger of Abbotsbury dissenting) The appeal was allowed. The defendant was, under the contract, and remained the beneficiary of the letters and was the only proper owner of the debts due from the French bank. The Central Bank of Iraq, having no beneficial interest in the contract had no say in the chosen means of execution.
The situs in law of this debt was London, being the legal residence of the debtor.

Judges:

Lord Neuberger, Lord Mance, Lord Clarke, Lord Sumption, Lord Hodge

Citations:

[2017] UKSC 64, UKSC 2015/0199, [2017] WLR(D) 701, [2018] AC 690, [2017] 3 WLR 1170

Links:

Bailii, Bailii Summary, SC, SC Summary, SC 20170321 am Video, SC Summary Video, SC 20170321 pm Video, SC 20170322 am Video, SC 20170322 pm Video, WLRD

Jurisdiction:

England and Wales

Citing:

At ComC (1)Taurus Petroleum Ltd v State Oilmarketing Company ComC 18-Nov-2013
The parties referred their contract disputes to an arbitration in London which was to apply Iraqi law. As to enforcement of the award, the defendant denied that they were situated in London.
Held: The debts were situated in London rather than . .
At ComC (2)Taurus Petroleum Led v State Oil Marketing Company of The Ministry of Oil, Republic of Iraq ComC 18-Nov-2013
. .
Appeal fromTaurus Petroleum Ltd v State Oil Company of The Ministry of Oil, Republic of Iraq CA 28-Jul-2015
The parties had contractual disputes as to letters of credit governed by Iraqi law. The arbitration was in London applying Iraqi law. They now disputed whether the Enforcement of arbitration award was as an award made in London. Each appealed . .
CitedSociete Eram Shipping Company Limited and others v Hong Kong and Shanghai Banking Corp Ltd, Compagnie Internationale de Navigation HL 12-Jun-2003
The appeal concerned a final third party debt order (formerly a garnishee order). A judgment in France was registered here for enforcement. That jurisdiction was now challenged.
Held: A third party debt order is a proprietary remedy operating . .
OverruledPower Curber International Ltd v The National Bank of Kuwait CA 1981
The advising bank on a letter of credit was situated in Florida. The place where the credit was payable was North Carolina, and the place where the issuing bank had its place of business was Kuwait.
Held: (Waterhouse J dissenting) The contract . .
CitedHL Boulton Co v Banque Royale du Canada 1994
(Superior Court of Quebec) The defendant asked the court to decline jurisdiction under article 3135 of the Civil Code, which provides that even though a Quebec authority has jurisdiction to hear a dispute, it may exceptionally decline jurisdiction . .
CitedAlessandra Yarns llc v Tongxiang Baoding Textile Co Ltd 6-Feb-2015
(Superior Court of Quebec) The Court was asked whether the fraud exception to a letter of credit had been met such that the court should issue an interlocutory injunction to prevent the beneficiary claiming under the letter of credit. There were . .
CitedRe General Horticultural Company, Ex parte Whitehouse ChD 1886
Wills, to whom a sum had been allowed in a winding up for work done for the liquidator, charged the amount due to him as security for the payment of three debts, the total amount of which exceeded the sum due to him from the company. Notice of the . .
CitedRogers v Whitely QBD 1889
Money in a bank account included money of which the judgment debtor was trustee.
Held: That money could not be ordered to be paid to the judgment creditor who obtained the charging order: ‘he can only obtain payment out of the debtor’s own . .
CitedWilliams v Everett And Others 25-Nov-1811
. .
CitedGibson v Minet And Another 28-Feb-1824
. .
CitedWebb v Stanton CA 1883
A garnishee order was obtained against a trustee purporting to attach the beneficiary’s share of the trust income. No income was however in the trustee’s hands which he was at that time due to pay to the beneficiary.
Held: The garnishee order . .
CitedRekstin v Severo Sibirsko Gosudarstvennoe Aksionernoe Obschestvo Koseverputj and the Bank for Russian Trade Ltd CA 1932
The plaintiff sought to enforce payment of a judgment in his favour against the defendant (the Severo Sibirsko Bureau) by service of a garnishee order nisi on the Bureau’s bank, the Bank for Russian Trade. The order was served less than an hour . .
CitedDunlop and Ranken Ltd v Hendall Steel Structures Ltd CA 1957
There was no debt arising under a building contract which could be the subject of a garnishee order where there was no ’cause of action’ and no debt until an architect’s certificate had been issued.
Lord Goddard CJ said: ‘. . until the . .
CitedMerchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy and Another CA 10-Dec-2014
he debt sought to be attached was said to be owed by a bank to the judgment debtor Naftogaz. But the bank had received the money from Naftogaz as the agent bank under a loan agreement for distribution to the loanholders. It was not therefore, in the . .
CitedFerrera v Hardy CA 7-Oct-2015
H appealed from a decision to set aside a third party debt order which he had obtained over a debt he said was due to F from Liverpool City Council in respect of housing benefit owed to F as rent for one of F’s tenants.
Held: A judgment . .
CitedWood v Capita Insurance Services Ltd SC 29-Mar-2017
Construction of term of contract for the sale and purchase of the entire issued share capital of a company.
Held: The appeal was dismissed: ‘the SPA may have become a poor bargain, as it appears that it did not notify the sellers of a warranty . .
Lists of cited by and citing cases may be incomplete.

Banking, International

Updated: 01 October 2022; Ref: scu.597671

Re LSDC (A Child): FD 24 Apr 2012

Application for registration, recognition and enforcement of a Judgment of the Portuguese Court pursuant to Council Regulation (EC) 2201/2003 and consequential orders for stay of proceedings in the UK on the basis that the Portuguese Court has jurisdiction to determine issues in relation to the child.

Judges:

Macur DBE J

Citations:

[2012] EWHC 983 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children, International

Updated: 15 September 2022; Ref: scu.460529

Bayfine UK v HM Revenue and Customs: CA 23 Mar 2011

The revenue appealed against the confirmation of the grant of double taxation relief to the taxpayer company. The Court was asked whether the UK company was entitled under article 23(2)(a) to a credit, to set against UK tax on its profits, in respect of the US tax which had been paid by its US parent on the same profits. The Commissioners submitted that domestic law did not apply to ‘source’ for the purpose of article 23, because article 23 contained its own comprehensive clause for defining ‘source’: it was a free-standing treaty concept which applied for all the purposes of that article. Held; The court accepted the submission.
Arden LJ said that ‘article 23(3) contains its own rule as to how source [is] to be determined, save where tax has been imposed on the basis of citizenship’.

Judges:

Arden, Pitchford, Tomlinson LJJ

Citations:

[2011] EWCA Civ 304, [2012] Bus LR 796, [2011] STI 1208, 13 ITL Rep 747, [2012] 1 WLR 1630, [2011] STC 717, [2011] BTC 242

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromBayfine UK v Revenue and Customs ChD 23-Mar-2010
. .

Cited by:

CitedAnson v Revenue and Customs SC 1-Jul-2015
Interpretation of Double Taxation Agreements
This appeal is concerned with the interpretation and application of a double taxation agreement between the United Kingdom and the United States of America. A had been a member of an LLP in Delaware, and he was resident within the UK, but not . .
Lists of cited by and citing cases may be incomplete.

Income Tax, International

Updated: 04 September 2022; Ref: scu.430825

Servaas Inc v Rafidain Bank and Others: ChD 14 Dec 2010

Application for third party debt order.

Judges:

Arnold J

Citations:

[2010] EWHC 3287 (Ch)

Links:

Bailii

Statutes:

State Immunity Act 1978 13(4)

Jurisdiction:

England and Wales

Cited by:

See AlsoServaas Incorporated v Rafidain Bank and Others ComC 14-Dec-2010
The claimant had supplied a factory to Iraq, but remained unpaid. Assets had been frozen in the respondent Iraqi bank, and with the new government, the liquidators were to pay assets to a fund who were, in turn to discharge debts pro rata. The . .
At Administrative CourtSerVaas Incorporated v Rafidian Bank and Others SC 17-Aug-2012
The appellant had contracted to construct a factory in Iraq. On the imposition of sanctions, the respondent bank’s assets were frozen. The appellant sought to recover the sums due to it, and obtained judgment in France. After the fall of Hussain, . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, International, Commercial

Updated: 31 August 2022; Ref: scu.427407

Purrucker v Valles Perez (No 2): ECJ 9 Nov 2010

Area Of Freedom, Security And Justice – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility – Regulation (EC) No 2201/2003 – Lis pendens – Action on the merits relating to custody of a child and application for provisional measures relating to the right of custody of the same child

Citations:

C-296/10, [2010] EUECJ C-296/10, ECLI:EU:C:2010:665, [2011] Fam 312, [2011] 3 WLR 1040, [2011] ILPr 14

Links:

Bailii

Jurisdiction:

European

Citing:

See AlsoPurrucker v Valles Perez ECJ 20-May-2010
EU (Opinion) Area Of Freedom, Security And Justice – Recognition and enforcement of judgments in matters of parental responsibility Provisional measures Custody. . .
See AlsoPurrucker v Valles Perez (No 1) ECJ 15-Jul-2010
ECJ (Judgment) Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility – Regulation (EC) No 2201/2003 – . .
Lists of cited by and citing cases may be incomplete.

Children, International

Updated: 26 August 2022; Ref: scu.426022

John Mcleod v The Attorney General New South Wales: PC 23 Jul 1891

The claimant appealed against his conviction in New South Wales for bigamy. He had married originally in New South Wales, but then a second time in Missouri in the US.
Held: The court in New South Wales did not have jurisdiction. The crime alleged occurred on the second marriage which was not within the jurisdiction of the NSW court.

Citations:

[1891] UKPC 31, [1891] AC 455

Links:

Bailii

Jurisdiction:

Australia

Crime, International

Updated: 19 August 2022; Ref: scu.417743

Deticek v Sgueglia: ECJ 23 Dec 2009

ECJ (Area Of Freedom, Security and Justice) Judicial cooperation in civil matters Matrimonial matters and matters of parental responsibility Regulation (EC) No 2201/2003 Provisional measures concerning custody Decision enforceable in a Member State Wrongful removal of the child Other Member State Other court Custody of the child granted to the other parent Jurisdiction Urgent preliminary ruling procedure.
‘Since article 20(1) of Regulation No 2201/2003 authorises a court which does not have jurisdiction as to the substance to take, exceptionally, a provisional measure concerning parental responsibility, it must be considered that the concept of urgency in that provision relates both to the situation of the child and to the impossibility in practice of bringing the application concerning parental responsibility before the court with jurisdiction as to the substance.’

Judges:

K. Lenaerts, P

Citations:

[2009] ECR I-12193, [2009] EUECJ C-403/09, [2010] 1 Fam 104, ECLI:EU:C:2009:810, [2010] 3 WLR 1098,, [2010] Fam 104

Links:

Bailii

Statutes:

Regulation No 2201/2003 20(1)

Jurisdiction:

European

Cited by:

CitedIn re J (A Child) SC 25-Nov-2015
The court considered for the first time the scope of the jurisdiction conferred by article 11 of the 1996 Convention ‘in all cases of urgency’ upon the Contracting State where a child is present but not habitually resident. F had obtained an order . .
Lists of cited by and citing cases may be incomplete.

Children, International

Updated: 11 August 2022; Ref: scu.384491

Kinnear and Others v Falconfilms Nv and Others: QBD 27 Jan 1994

The deceased had died in an accident whilst filming in Spain for the defendants. The plaintiff personal representatives sought damages here, while the defendants denied that the court had jurisdiction under the 1968 Convention, and said that the death actually occurred as a consequence of the negligence of his medical treatment in Spain.

Judges:

Phillips J

Citations:

[1994] EWHC QB 1, [1996] 1 WLR 920, [1994] ILPr 731, [1994] 3 All ER 42

Links:

Bailii

Statutes:

Brussels Convention on Civil Jurisdiction and Judgments 1968, Civil Liability (Contribution) Act 1978 1, Civil Jurisdiction and Judgments Act 1982

Citing:

CitedHaqen v Zeehaqhe ECJ 1990
ECJ ‘Article 6(2) makes provision for a special jurisdiction, which the Plaintiff may choose because of the existence, in clearly defined situations, of a particularly close connecting factor between a dispute . .
CitedSomafer Sa v Saar-Ferngas Ag ECJ 22-Nov-1978
ECJ 1. The Convention of 27 September 1968 must be interpreted having regard both to its principles and objectives and to its relationship with the treaty. The question whether the words and concepts used in the . .
CitedKalfelis v Bankhaus Schroder, Munchmeyer, Hengst and Co and others ECJ 27-Sep-1988
ECJ For Article 6(1) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters to apply, a connection must exist between the various actions brought . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Personal Injury

Updated: 11 August 2022; Ref: scu.383805

Duff Development Co v Kelantan Government: HL 1924

Lord Sumner suggested that in the absence of a clear statement of the position from the Government, the court might be entitled to decide whether a defendat had the benefit of state immunity for itself on the basis of the evidence before it.
A foreign state cannot be impleaded in the English courts without its consent.
Lord Cave said that as regards state immunity: ‘It is the duty of the Court to accept the statement of the Secretary of state thus clearly and positively made as conclusive upon the point.’

Judges:

Lord Sumner, Lord Cave

Citations:

[1924] AC 797, [1924] All ER 1

Jurisdiction:

England and Wales

Citing:

ReversedBritish Wagon Co Ltd v Gray 1896
. .

Cited by:

CitedNML Capital Ltd v Argentina SC 6-Jul-2011
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets . .
Lists of cited by and citing cases may be incomplete.

International

Updated: 07 August 2022; Ref: scu.441560

Bekleyen v Land Berlin: ECJ 29 Oct 2009

ECJ (External Relations) Opinion – EEC-Turkey Association Agreement Free movement of workers Article 7, second paragraph, of Decision No 1/80 of the Association Council The right of the child of a Turkish worker to respond to any offer of employment in the host Member State where he has completed a vocational training situation of the child who begins his training on a date on which his parents, who have been in regular employment in the host State for more than three years, have left that State for ten years Article 59 of the Additional Protocol More favorable treatment than that accorded to nationals of Member States

Citations:

C-462/08, [2009] EUECJ C-462/08 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

OpinionBekleyen v Land Berlin ECJ 21-Jan-2010
EEC-Turkey Association Agreement Second paragraph of Article 7 of Decision No 1/80 of the Association Council Right of the child of a Turkish worker to respond to any offer of employment in the host Member State in which that child has completed a . .
Lists of cited by and citing cases may be incomplete.

International

Updated: 05 August 2022; Ref: scu.380275

Re S (A Child) (Foreign Contact Order): CA 16 Jun 2009

The registration of an order under BIIR is ‘essentially administrative, although it requires a judicial act’

Judges:

Thorpe, Wall LJJ

Citations:

[2009] EWCA Civ 993, [2010] 1 FCR 258, [2010] 1 FLR 982, [2009] Fam Law 1138

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedIn re D (A Child) SC 22-Jun-2016
F had obtained an order in Romania for the custody of D. F obtained orders initially for the registration and enforcement of that order, but the High Court reversed that saying that neither the child nor his mother had been given adeuate opportunity . .
Lists of cited by and citing cases may be incomplete.

Children, International

Updated: 04 August 2022; Ref: scu.375596

Winkworth v Christie, Manson and Woods Ltd: ChD 1980

The right to sue in conversion at common law is available to a person who is entitled at the time of the conversion to the immediate possession of the goods.
Slade J discussed the applicability of the law of renvoi in an international dispute about the ownership of goods.

Judges:

Slade J

Citations:

[1980] Ch 496

Jurisdiction:

England and Wales

Cited by:

CitedIran v Berend QBD 1-Feb-2007
The Republic of Iran sought the return of a fragment of ancient Achaemenid relief in the possession of the defendant, saying that it was part of an ancient monument. The defendant said that she had bought it properly at an auction in Paris. The . .
Lists of cited by and citing cases may be incomplete.

International, Torts – Other

Updated: 25 July 2022; Ref: scu.442756

In Re Banco Nacional De Cuba: ChD 7 Jun 2001

Where it was alleged that shares in a UK company had been sold at an undervalue, so as to allow a challenge in insolvency proceedings, the leave of the court was still required if the pleadings were to be served abroad. When the court considered such an application, it had to look not just at the fact that the property to which the claim related is in the jurisdiction, but also at reality of the extent of the connection with the UK, and the difficulties if any of enforcement. Here the claimant had not demonstrated that the purpose of the transaction might be to defeat creditors, and one would, in its own jurisdiction, enjoy immunity from enforcement. Section 423 ‘extends to any claim for relief, whether for damages or otherwise, so long as it is related to property located within the jurisdiction’ and ‘the claim under section 423 relates to the shares and particularly the disposition of the shares.’ By CPR 6.20(10) the court may assume jurisdiction if the whole subject-matter of the claim relates to property situated in England.
Lightman J: ‘The critical differences between RSC, O 11, r 1(1)(g) and CPR 6.20(10) is the substitution for the words ‘land situate within the jurisdiction’ of the words ‘relates to property located within the jurisdiction’. The implications are that: (1) the rule is no longer limited to land and now extends to personal property; and (2) instead of the whole claim having to be confined to a claim to a proprietary or possessory interest, it is sufficient that the whole claim relates to property. The evident purpose of the new rule is to lay down a single rule in place of the three earlier rules which embraces and extends beyond the contents of those rules. It is to be noted that at p 128 of the Autumn 2000 Civil Procedure (‘White Book’) the comment is made on CPR 6.20(10): ‘This wide and new provision is no longer confined to land and the old cases are redundant.’ In my view on its proper construction the rule cannot be construed as confined to claims relating to the ownership or possession of property. It extends to any claim for relief (whether for damages or otherwise) so long as it is related to property located within the jurisdiction. This construction vests in the Court a wide jurisdiction, but since the jurisdiction is discretionary the Court can and will in each case consider whether the character and closeness of the relationship is such that the exorbitant jurisdiction against foreigners abroad should properly be exercised.’

Judges:

Lightman J

Citations:

Times 18-May-2001, Gazette 07-Jun-2001, [2001] 1 WLR 2039

Statutes:

Civil Procedure Rules 6.20., Insolvency Act 1986 423

Jurisdiction:

England and Wales

Cited by:

CitedShahar v Tsitsekkos and others ChD 17-Nov-2004
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 . .
CitedIslamic Republic of Pakistan v Zardari and others ComC 6-Oct-2006
The claimant alleged that the defendants had funded the purchase of various properties by secret and unlawful commissions taken by them whilst in power in Pakistan. They sought to recover the proceeds. They now sought permission to serve proceedings . .
CitedAshton Investments Ltd. and Another v OJSC Russian Aluminium (Rusal) and others ComC 18-Oct-2006
The claimants sought damages for breach of confidence saying that the defendants had hacked into their computer systems via the internet to seek privileged information in the course of litigation. The defendants denied this and said the courts had . .
Lists of cited by and citing cases may be incomplete.

International, Civil Procedure Rules, Insolvency, Litigation Practice

Updated: 24 July 2022; Ref: scu.81730

in Re B; RB v FB and MA (Forced Marriage: Wardship: Jurisdiction): FD 15 Apr 2008

The court exercised the wardship jurisdiction in respect of a 15 year old girl born and brought up in Pakistan, who had never been here but did have dual Pakistani and British nationality. She had gone to the High Commission in Islamabad asking to be rescued from a forced marriage and helped to come to Scotland to live with her half-brother. The High Commission wanted to help her but felt unable to do so without the backing of a court order. Hogg J made the girl a ward of court and ordered that she be brought to this country. The half-brother was assessed as offering a suitable home and in fact she went to him. Hogg J explained that she thought the circumstances ‘sufficiently dire and exceptional’

Judges:

Hogg J

Citations:

[2008] 2 FLR 1624, [2008] Fam Law 983, [2008] EWHC 1436 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedA v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening) SC 9-Sep-2013
Acquisition of Habitual Residence
Habitual residence can in principle be lost and another habitual residence acquired on the same day.
Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member . .
Lists of cited by and citing cases may be incomplete.

Children, International

Updated: 21 July 2022; Ref: scu.278550

City of London v Sancheti: CA 21 Nov 2008

The defendant sought leave to appeal against a refusal of a stay of arbitration. He was an Indian national operating as a solicitor in London. When pursued for rent arrears on his busines premises, he requested a stay, seeking to take the protection of a bilateral investment treaty protecting nationals of one state who invested another.
Held: He could not claim the benefit of the treaty. He sought to impose the burden of the treaty on a private company. That was not its intention.

Judges:

Lord Justice Laws, Lord Justice Richards and Lord Justice Lawrence Collins

Citations:

[2008] EWCA Civ 1283, Times 01-Dec-2008

Links:

Bailii

Statutes:

Arbitration Act 1996 9

Jurisdiction:

England and Wales

Arbitration, International

Updated: 19 July 2022; Ref: scu.278208

Akers and Others v Samba Financial Group: SC 1 Feb 2017

Saad Investments was a Cayman Islands company in liquidation. The liquidator brought an action here, but the defendant sought a stay saying that another forum was clearly more appropriate. Shares in Saudi banks were said to be held in trust for the company, but Saudi law would not recognise such trusts. The shares had been transferred to the defendants, and the liquidators now sought to have the transfer set aside as having been in breach of trust.
Held: Samba’s appeal succeeded. The transfer to Samba did not dispose of any rights belonging to SICL within the meaning of s. 127.
In the eyes of English law, a trust may be created, exist and be enforceable in respect of assets located in a jurisdiction, the law of which does not recognise trusts in any form.
At common law, the interest created by a trust depends on the law governing the trust. The lex situs may treat a disposition of shares to a third party as overriding any interest of the beneficiary in the shares. Even so, a common law trust may exist in respect of those shares. A trust can be created, exist and be enforced in respect of assets located in a jurisdiction such as Saudi Arabia, the law of which does not recognise trusts in any form.
The Hague Convention does not change this conclusion, since one of its aims was exactly to provide for the recognition of trusts in jurisdictions which did not themselves know of the institution.

Judges:

Lord Neuberger, President, Lord Mance, Lord Sumption, Lord Toulson, Lord Collins

Citations:

[2017] 1 BCLC 151, [2017] WTLR 373, [2017] UKSC 6, [2017] WLR(D) 57, [2017] 2 All ER 799, [2017] 2 WLR 713, [2017] 2 All ER (Comm) 97, [2017] BPIR 263, [2017] AC 424, UKSC 2015/0009

Links:

Bailii, WLRD, Bailii Summary, SC, SC Summary, SC Video Summary

Statutes:

Cross-Border Insolvency Regulations 2006, Insolvency Act 1986 127 436

Jurisdiction:

England and Wales

Citing:

At First InstanceAkers and Others v Samba Financial Group ChD 28-Feb-2014
Samba sought a stay of insolvency proceedings. Shares in a Saudi company were held in trust by a company registered in Cayman. Upon that company going into liquidation, the shares were transferred to the defendant, who now argued that since Saudi . .
Appeal fromAkers and Others v Samba Financial Group CA 4-Dec-2014
Shares in a Saudi company were held I trust for a Cayman company which had gone into liquidation. Saudi law did not recognise such trusts, and the parties now disputed which was the forum conveniens.
Held: The liquidators’ appeal succeeded. . .
CitedOrr Ewing v John Orr Ewing and Co and Orr Ewing’s Trustees HL 5-Dec-1882
A contract of copartnery provided that in the event of the death of any of the partners the surviving and solvent partners who should continue the business should pay out to the representatives of the deceased the amount at his credit in the books . .
CitedAttorney General v Jewish Colonization Association 1901
The court was asked whether on the death of the settlor and the termination of his life interest, the foreign shares held on trust were taxable as on a succession. . .
CitedBritish South Africa Co v De Beers Consolidated Mines Ltd CA 1910
The equitable rule against clogging the equity of redemption of a mortgage applied to a contract governed by English law and would be enforced against a contracting party as regards land abroad in a state where the equity of redemption may not be . .
CitedIn re Berchtold 1923
. .
CitedArcher Shee v Garland HL 15-Dec-1930
The parties disputed the taxpayer’s liability to income tax on income coming due to her on an American based family trust.
Held: A beneficiary in a fully administered deceased estate has an equitable interest in property which is the subject . .
CitedWestdeutsche Landesbank Girozentrale v Islington London Borough Council HL 22-May-1996
Simple interest only on rate swap damages
The bank had paid money to the local authority under a contract which turned out to be ultra vires and void. The question was whether, in addition to ordering the repayment of the money to the bank on unjust enrichment principles, the court could . .
CitedDuke of Marlborough v Attorney General 1945
The Court was asked whether foreign shares held on trust were taxable as on a succession on the death of the beneficiary of the trust.
Held: The proper law of a marriage settlement ‘can only be the law by reference to which the settlement as . .
CitedRe Philipson-Stow HL 1961
The section excluded from liability for estate duty property ‘passing on the death which is situate out of Great Britain if it is shown that the proper law regulating the devolution of the property situate, or the disposition under or by reason of . .
CitedMacmillan Inc v Bishopsgate Investment Trust Plc and Others (No 3) ChD 1-Jul-1993
Bona fide chargees for value of shares situated in New York and held on trust for Macmillan were able, by application of New York law, to take the shares free of Macmillan’s prior equitable interest of which the chargees had had no notice. Where . .
CitedDeschamps v Miller 1908
The parties disputed land in India. A French couple, had married in France in community of property. So according to the French marriage contract the wife was supposed to be entitled to one half of the husband’s after-acquired property. The husband . .
CitedDeschamps v Miller 1908
The parties disputed land in India. A French couple, had married in France in community of property. So according to the French marriage contract the wife was supposed to be entitled to one half of the husband’s after-acquired property. The husband . .
CitedLake v Bayliss 1974
As to the sale of land: ‘ It is by reason of this trusteeship that the vendor who breaks his contract of sale by reselling to someone else has been held to be accountable to the first intended purchaser for the proceeds of sale.’ . .
CitedLightning v Lightning Electrical Contractors Ltd CA 1998
Mr K asserted beneficial ownership under a resulting trust over land in Scotland bought by an English company to which he had advanced the purchase price. Scots law, the lex situs of the land, did not recognise any equitable interest. The company . .
CitedLuxe Holding Ltd v Midland Resources Holding Ltd ChD 23-Jul-2010
Midland agreed to sell to Luxe shares in 20 companies, 17 of which were incorporated in Russia or the Ukraine, with the lex situs of the shares in them being also there. Midland defaulted, sold the shares in the Russian and Ukrainian companies . .
CitedBristol Airport Plc and Another v Powdrill and Others CA 21-Dec-1989
An airline company went into administration. The airport seized two airplanes. The administrators claimed they were property within the administration, could not be seized without a court order, and the court should exercise its discretion not to . .
CitedClark and Whitehouse (Joint Administrators of Rangers Football Club Plc), Re Directions SCS 23-Mar-2012
(Outer House) Contracts were made in 2011 and subject to English law, between Rangers and two English limited liability partnerships (together ‘Ticketus’). Under the contracts, Ticketus had paid Rangers large sums for future tranches of season . .
CitedGlasgow City Council v Springboig St John’s School and Another SCS 27-Mar-2014
The civil law concept of patrimony has been developed to explain the protection of trust property held by a trustee against claims by the trustee’s personal creditors . .
CitedSaunders v Vautier 7-May-1841
A direction in a will stated that the income from certain shares was to be accumulated and invested until the beneficiary attained the age of 25. On attaining his majority at 21 years, the beneficiary sought termination of the trust, and transfer of . .
CitedAyerst (Inspector of Taxes) v C and K (Construction) Ltd HL 1976
A resolution or order for winding up of a company divests it of the beneficial interest in its assets. They become a fund which the company thereafter holds in trust to discharge its liabilities. Where a company is wound up in this country, its . .
CitedIndependent Trustee Services Ltd v GP Noble Trustees Ltd and Others CA 28-Feb-2012
Lloyd LJ said: ‘a transferee of the legal title to property under a disposition made in breach of trust, or a successor in title to such a person, does not have the beneficial title to the property, which remains held on the original trusts, unless . .
CitedIndependent Trustee Services Ltd v GP Noble Trustees Ltd and Others CA 28-Feb-2012
Lloyd LJ said: ‘a transferee of the legal title to property under a disposition made in breach of trust, or a successor in title to such a person, does not have the beneficial title to the property, which remains held on the original trusts, unless . .
CitedIn re Earl Leven, Inland Revenue Comrs v Williams Deacon’s Bank Ltd ChD 1954
Wynn-Parry J said: ‘the word ‘disposition’, taken by itself, and used in its most extended meaning, is no doubt wide enough to include the act of extinguishment’, but he rejected such a wide interpretation of that word in the Finance Act 1940, . .
CitedInland Revenue Commissioners v Buchanan CA 1958
The surrender of a life interest under a will trust in favour of those people entitled in remainder operated as a ‘disposition’ of that life interest for the purposes of sections 20 and 21 of the Finance Act 1943.
Jenkins LJ specifically . .
CitedRe Mal Bower’s Macquarie Electrical Centre Pty Ltd (in liquidation) 1974
The liquidator made a claim against the bank for the amount of the Payments had been made out of the company’s bank account between the date of the petition and the date of the order and the date when the account was subsequently closed.
Held: . .
CitedIn re J Leslie Engineers Co Ltd 1976
The director of a company between presentation of a petition to wind up and the making of the order paid over pounds 1050 to a creditor for work done. Of this sum, pounds 800 was paid by way of a cheque drawn on the personal account of the director . .
CitedBristol Airport Plc and Another v Powdrill and Others CA 21-Dec-1989
An airline company went into administration. The airport seized two airplanes. The administrators claimed they were property within the administration, could not be seized without a court order, and the court should exercise its discretion not to . .
CitedRe S A and D Wright Ltd, Denney v John Hudson and Co Ltd CA 1992
Fox LJ said: ‘A disposition carried out in good faith in the ordinary course of business at a time when the parties were unaware that a petition had been presented would usually be validated by the court unless there is ground for thinking that the . .
CitedEl Ajou v Dollar Land Holdings Ltd CA 2-Dec-1993
The court was asked whether, for the purposes of establishing a company’s liability under the knowing receipt head of constructive trust, the knowledge of one of its directors can be treated as having been the knowledge of the company.
Held: . .
CitedExpress Electrical Distributors Ltd v Beavis and Others CA 19-Jul-2016
Sales LJ said: validation will ordinarily only be granted ‘if there is some special circumstance which shows that the disposition in question … has been … for the benefit of the general body of unsecured creditors’. . .
CitedAttorney General v Jewish Colonisation Association 1901
. .
CitedCook Industries Inc v Galliher ChD 1979
The plaintiff claimed a declaration that the defendants held a flat in Paris together with its contents in trust for the plaintiff, and made an order compelling the defendants to allow the plaintiff to inspect the flat. The fact that the . .
Lists of cited by and citing cases may be incomplete.

Trusts, International

Updated: 18 July 2022; Ref: scu.573799

Kadi v Council and Commission: ECJ 3 Sep 2008

(Common foreign and security policy) Grand Chamber – Common foreign and security policy (CFSP) Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban United Nations Security Council Resolutions adopted under Chapter VII of the Charter of the United Nations Implementation in the Community Common Position 2002/402/CFSP Regulation (EC) No 881/2002 ‘ Measures against persons and entities included in a list drawn up by a body of the United Nations Freezing of funds and economic resources Committee of the Security Council created by paragraph 6 of Resolution 1267 (1999) of the Security Council (Sanctions Committee) Inclusion of those persons and entities in Annex I to Regulation (EC) No 881/2002 Actions for annulment Competence of the Community Joint legal basis of Articles 60 EC, 301 EC and 308 EC Fundamental rights Right to respect for property, right to be heard and right to effective judicial review

Citations:

[2009] 1 AC 1225, [2008] EUECJ C-402/05, [2009] 3 WLR 872

Links:

Bailii

Jurisdiction:

European

Citing:

See AlsoKadi v Council and Commission ECFI 21-Sep-2005
ECJ (Common Foreign and Security Policy) Common foreign and security policy – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – . .
See AlsoKadi v Council and Commission (Common Foreign and Security Policy) ECJ 16-Jan-2008
ECJ Common foreign and security policy (CFSP) – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – United Nations Security Council . .

Cited by:

CitedYoussef v Secretary of State for Foreign and Commonwealth Affairs SC 27-Jan-2016
An Egyptian national, had lived here since 1994. He challenged a decision by the Secretary of State,as a member of the committee of the United Nations Security Council, known as the Resolution 1267 Committee or Sanctions Committee. The committee . .
CitedWightman and Others v Secretary of State for Exiting the European Union ECJ 10-Dec-2018
Art 50 Notice withrawable unilaterally
Reference for a preliminary ruling – Article 50 TEU – Notification by a Member State of its intention to withdraw from the European Union – Consequences of the notification – Right of unilateral revocation of the notification – Conditions
The . .
Lists of cited by and citing cases may be incomplete.

Crime, International, Banking

Updated: 17 July 2022; Ref: scu.605178

Hafner and Hochstrasser (A Firm), Regina (on the Application of) v Australian Securities and Investments Commission: Admn 5 Mar 2008

The Commission renewed its application for a review of a decision on their request for judicial assistance in obtaining evidence from the firm. The firm had produced confidential documents to the court, and not disclosed to the Commission.
Held: The decision of the defendant court was based on an unsound appraisal of the law, and the matter would be remitted for reconsideration. The parties had agreed a way forward and it ws unclear why the court had not gone long with it.

Citations:

[2008] EWHC 524 (Admin)

Links:

Bailii

Statutes:

Crime (International Co-Operation) Act 2003, European Connevtion on Human Rights 8

Jurisdiction:

England and Wales

Citing:

CitedNiemietz v Germany ECHR 16-Dec-1992
A lawyer complained that a search of his offices was an interference with his private life.
Held: In construing the term ‘private life’, ‘it would be too restrictive to limit the notion of an ‘inner circle’ in which the individual may live his . .
CitedRegina v Southampton Crown Court ex parte J and P 21-Dec-1992
A special material warrant was quashed, partly because it was too widely drawn. It was suspected that there had been thefts from the solicitor’s firms client account. Watkins LJ discussed the need for a judge to give reasons for a decision under . .
CitedZ v Finland ECHR 25-Feb-1997
A defendant had appealed against his conviction for manslaughter and related offences by deliberately subjecting women to the risk of being infected by him with HIV virus. The applicant, Z, had been married to the defendant, and infected by him with . .
CitedFunke v France ECHR 25-Feb-1993
M. Funke successfully challenged his conviction for failing to provide documents which the customs authorities had demanded of him, on the grounds that his rights under Article 6 had been infringed: ‘The Court notes that the customs secured Mr. . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, International, Human Rights

Updated: 14 July 2022; Ref: scu.266961

PJSC Rosneft Oil Company, Regina (on The Application of) v Her Majesty’s Treasury and Others: ECJ 28 Mar 2017

ECJ (Judgment : Common Foreign and Security Policy (CFSP) – Restrictive Measures) Reference for a preliminary ruling – Common Foreign and Security Policy (CFSP) – Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine – Provisions of Decision 2014/512/CFSP and Regulation (EU) No 833/2014 – Validity – Jurisdiction of the Court – EU-Russia Partnership Agreement – Obligation to state reasons – Principles of legal certainty and nulla poena sine lege certa – Access to capital markets – Financial assistance – Global Depositary Receipts – Oil sector – Request for interpretation of concepts of ‘shale’ and ‘waters deeper than 150 metres’ – Inadmissibility

Citations:

ECLI:EU:C:2017:236, [2017] EUECJ C-72/15, [2017] WLR(D) 214, [2017] 3 WLR 1031, [2018] QB 1

Links:

Bailii, WLRD

Jurisdiction:

European

Cited by:

CitedWightman and Others v Secretary of State for Exiting the European Union ECJ 10-Dec-2018
Art 50 Notice withrawable unilaterally
Reference for a preliminary ruling – Article 50 TEU – Notification by a Member State of its intention to withdraw from the European Union – Consequences of the notification – Right of unilateral revocation of the notification – Conditions
The . .
Lists of cited by and citing cases may be incomplete.

Commercial, International

Updated: 14 July 2022; Ref: scu.581155

Purrucker v Valles Perez: ECJ 20 May 2010

EU (Opinion) Area Of Freedom, Security And Justice – Recognition and enforcement of judgments in matters of parental responsibility Provisional measures Custody.

Citations:

C-256/09, [2010] EUECJ C-256/09 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

OpinionPurrucker v Valles Perez (No 1) ECJ 15-Jul-2010
ECJ (Judgment) Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility – Regulation (EC) No 2201/2003 – . .
See AlsoPurrucker v Valles Perez (No 2) ECJ 9-Nov-2010
Area Of Freedom, Security And Justice – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility – Regulation (EC) No 2201/2003 – Lis pendens – . .
Lists of cited by and citing cases may be incomplete.

Children, International

Updated: 29 June 2022; Ref: scu.416435

The Parlement Belge: CA 1879

An action in rem indirectly impleaded a sovereign who was the owner of the vessel served because his property was affected by the judgment of the court. An unincorporated treaty cannot change the law of the land and, ‘the immunity of the sovereign as is as least as great as the immunity of an ambassador.’
Brett LJ said that the reason for a sovereign’s immunity is ‘the character of the sovereign authority, its high dignity, whereby it is not subject to any superior authority of any kind,’ and he referred to Vattel’s statement: ‘S’il est venu en voyageur, sa dignite seule, et ce qui est du a la nation qu’il represente et qu’il gouverne, le met a couvert de toute insulte, lui assure des respects et toute sorte d’egards, et l’exempte de toute juridiction.’
‘From all these authorities it seems to us, although other reasons have sometimes been suggested, that the real principle on which the exemption of every sovereign from the jurisdiction of every court has been deduced is that the exercise of such jurisdiction would be incompatible with his regal dignity – that is to say, with his absolute independence of every superior authority. By a similar examination of authorities we come to the conclusion, although other grounds have sometimes been suggested, that the immunity of an ambassador from the jurisdiction of the courts of the country to which he is accredited is based upon his being the representative of the independent sovereign or state which sends him, and which sends him upon the faith of his being admitted to be clothed with the same independence of and superiority to all adverse jurisdiction as the sovereign authority whom he represents would be.
It has been held that an ambassador cannot be personally sued, although he has traded; and in both cases because such a suit would be inconsistent with the independence and equality of the state which he represents. If the remedy sought by an action in rem against public property is, as we think it is, an indirect mode of exercising the authority of the court against the owner of the property, then the attempt to exercise such an authority is an attempt inconsistent with the independence and equality of the state which is represented by such an owner. The property cannot upon the hypothesis be denied to be public property; the case is within the terms of the rule; it is within the spirit of the rule; therefore, we are of opinion that the mere fact of the ship being used subordinately and partially for trading purposes does not take away the general immunity.’
. . And: ‘In a claim made in respect of a collision the property is not treated as the delinquent per se. Though the ship has been in collision and has caused injury by reason of the negligence or want of skill of those in charge of her, yet she cannot be made the means of compensation if those in charge of her were not the servants of her then owner, as if she was in charge of a compulsory pilot. This is conclusive to shew that the liability to compensate must be fixed not merely on the property but also on the owner through the property. If so, the owner is at least indirectly impleaded to answer to, that is to say, to be affected by, the judgment of the court … To implead an independent sovereign in such a way is to call upon him to sacrifice either his property or his independence. To place him in that position is a breach of the principle upon which his immunity from jurisdiction rests. We think that he cannot be so indirectly impleaded, any more than he could be directly impleaded. The case is, upon this consideration of it, brought within the general rule that a sovereign authority cannot be personally impleaded in any court.’

Judges:

Brett LJ

Citations:

(1880) LR 5 PD 197

Jurisdiction:

England and Wales

Citing:

Appeal fromThe Parlement Belge AdCt 1879
Proceedings in rem were served on a mail packet owned by Belgium which had been involved in a collision. . .

Cited by:

CitedHiggs and Mitchell v The Minister of National Security and others PC 14-Dec-1999
(Bahamas) The applicants appealed against sentences of death, saying that the executions would be unlawful while there was a pending appeal to the OAS.
Held: The appeals failed. The Bahamas was a member of the Organisation of American States, . .
CitedBaccus SRL v Servicio Nacional Del Trigo CA 1956
The defendant organisation carried on business from Spain and was sued in England for damages for breach of a commercial contract. An appearance was entered by their solicitors in London and a consent order made for security for the organisation’s . .
CitedAziz v Republic of Yemen CA 17-Jun-2005
The claimant had made a claim for unfair dismissal. The defendant state had filed a defence instead of claiming state immunity. It then sought to assert such immunity. The claimant said the state had waived its immunity.
Held: Section 2(7) of . .
CitedDe Haber v The Queen of Portugal 1851
Orse In the Matter of Wadsworth and R of Spain In the Matter of De Haber and R of Portugal
Property in England, belonging to a foreign sovereign prince in his public capacity, cannot be seized under process in a suit instituted against him in . .
CitedAziz v Aziz and others CA 11-Jul-2007
The claimant sought return of recordings and of money paid to the defendant through an alleged fraud or threats. She was the former wife of the Sultan of Brunei and head of state, who now sought an order requiring the court to protect his identity . .
CitedNML Capital Ltd v Argentina SC 6-Jul-2011
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets . .
CitedBelhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
Lists of cited by and citing cases may be incomplete.

International

Updated: 14 June 2022; Ref: scu.182816

Micula and Others v Romania: CA 27 Jul 2018

Enforcement of an arbitration award given in accordance with the procedure laid down in the International Convention on the Settlement of Investment Disputes between States and Nationals of Other States

Judges:

Lady Justice Arden
Lord Justice Hamblen
And
Lord Justice Leggatt

Citations:

[2018] EWCA Civ 1801, [2019] Bus LR 1394, [2018] WLR(D) 496

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

See AlsoMicula and Others v Romania and Another ComC 20-Jan-2017
. .
Appeal fromMicula and Others v Romania ComC 15-Jun-2017
Claimant’s application for security or leave to appeal.
Held: Leave given. . .
Lists of cited by and citing cases may be incomplete.

Arbitration, International

Updated: 08 June 2022; Ref: scu.620470

Normaco and Another v Lundman and Others: ChD 10 Feb 1999

A Mareva order made ex parte freezing assets world-wide on an interim basis was nevertheless a judgment allowing jurisdiction for recognition and enforcement in foreign jurisdictions once it had been certified as such on an inter partes application.

Citations:

Gazette 10-Feb-1999, Times 06-Jan-1999

Statutes:

Civil Jurisdiction and Judgments Act 1982 50

Jurisdiction:

England and Wales

International

Updated: 05 June 2022; Ref: scu.84331

Morris and Others v Banque Arabe et Internationale D’Investissement Sa: ChD 23 Dec 1999

A party which had been ordered to produce documents which were under its control but in a foreign jurisdiction, did not have the right to refuse to produce them on the grounds that this would require them to breach the laws of the jurisdiction in which they were held. That was clearly a relevant consideration, but the decision remained that of the court which had a wide discretion. Rules regarding the enforcement of illegal contracts were not directly comparable.

Citations:

Times 23-Dec-1999, Gazette 07-Jan-2000

Jurisdiction:

England and Wales

Litigation Practice, International

Updated: 05 June 2022; Ref: scu.83844

Pollard and Another v Ashurst: ChD 16 Mar 2000

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 wife could be ordered to sell the property at the best price reasonably obtainable, or to require the conveyance of the property to the trustee.

Citations:

Times 16-Mar-2000

Statutes:

Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (1968) (Cmnd 7395), Insolvency Act 1986 436

Jurisdiction:

England and Wales

Insolvency, International, Land

Updated: 03 June 2022; Ref: scu.84787

The Freedom and Justice Party and Others, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs and Another: Admn 5 Aug 2016

The court was asked whether members of special missions visiting the United Kingdom with the approval of the First Defendant (‘the FCO’) enjoy personal inviolability and/or immunity from criminal process pursuant to a rule of customary international law to which effect is given by the common law.

Judges:

Lloyd Jones LJ, Jay J

Citations:

[2016] EWHC 2010 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Crime, International

Updated: 23 May 2022; Ref: scu.568008

Horeau and Others, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 12 Aug 2016

Renewed application for permission to bring judicial review of a consultation exercise carried out by the Foreign and Commonwealth Office as part of its British Indian Ocean Territory (BIOT) policy review.

Judges:

Andrews J

Citations:

[2016] EWHC 2102 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

International, Administrative

Updated: 23 May 2022; Ref: scu.568836

Westland Helicopters Ltd v Arab Organisation for Industrialisation: 1995

International arbitration proceedings under a joint venture agreement had led to an award in Westland’s favour against the Organisation. The award was converted into a judgment and Westland obtained garnishee orders nisi against six London banks. Colman J was faced with a claim by an Egyptian intervener to be the same as (or a successor to) the Organisation by virtue of domestic Egyptian laws. The justification for such laws was in issue but was said by the intervener to lie in an international law principle of necessity which was in turn said to be invoked by breach by the other member states setting up the Organisation of the treaty by which it was set up. Colman J held such issues to be non-justiciable.

Citations:

[1995] QB 282

Jurisdiction:

England and Wales

Cited by:

CitedOccidental Exploration and Production Company vRepublic of Ecuador CA 9-Sep-2005
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to . .
CitedRegina (on the application of Abassi and Another) v Secretary of State for Foreign and Commonwealth Affairs and Another CA 6-Nov-2002
A British national had been captured in Afghanistan, and was being held without remedy by US forces. His family sought an order requiring the respondent to take greater steps to secure his release or provide other assistance.
Held: Such an . .
Lists of cited by and citing cases may be incomplete.

Arbitration, International

Updated: 22 May 2022; Ref: scu.230258

Dubai Bank Ltd v Galadari and Others (No 5): 25 Jun 1990

A British court can legitimately decide whether a foreign plaintiff company was lawfully incorporated.

Citations:

Times 25-Jun-1990

Jurisdiction:

England and Wales

Citing:

See AlsoDubai Bank Ltd v Galadari CA 1990
A document created with a view to its being submitted to solicitors for advice does not, despite its purpose, attract privilege, even though the ‘pre-existing documents, and even documents on public records, have been selected by a solicitor for the . .

Cited by:

See AlsoDubai Bank Ltd and Another v Galadari and Others ChD 19-Feb-1992
Photocopies of documents are discoverable even if they may not be themselves good evidence of the documents of which they are copies. . .
CitedRegina v Secretary of State for Foreign and Commonwealth Affairs ex parte British Council of Turkish Cypriot Associations and Another Admn 19-Mar-1998
The applicants sought judicial review of the respondent’s decision to support the application for admission to the Eurorpean Community of Cyprus.
Held: Leave was refused: ‘the independence of Cyprus since 17th August 1960 forecloses any power . .
Lists of cited by and citing cases may be incomplete.

Company, International

Updated: 20 May 2022; Ref: scu.241345

Dubai Bank Ltd v Galadari: CA 1990

A document created with a view to its being submitted to solicitors for advice does not, despite its purpose, attract privilege, even though the ‘pre-existing documents, and even documents on public records, have been selected by a solicitor for the purpose of advising his client and obtaining evidence and the solicitor has exercised skill and judgment in the selection.’

Judges:

Dillon LJ

Citations:

(1990) Ch 98

Jurisdiction:

England and Wales

Citing:

CitedChadwick v Bowman CA 1886
The true question as to whether translations of a privileged document themselves attract privilege, is whether the translations ‘really’ came into existence for the purposes of the action. ‘I think that danger would follow if the privilege against . .
See AlsoDubai Bank Ltd v Galadari (No 2) CA 1990
An ex parte Mareva injunction had been obtained. It was said that there had been material non-disclosure of important facts. The plaintiff bank had been under the control of the Galadaris between 1970 and 1985, when it was taken over by the . .

Cited by:

CitedBrown and Another v Bennett and Others (No 3) ChD 17-Dec-2001
When a barrister was the subject of an application for a wasted costs order, it was proper to require him to disclose which non-privileged documents he had had sight of, provided that the request was not a way of trying to discover what was in . .
CitedSumitomo Corporation v Credit Lyonnais Rouse Limited CA 20-Jul-2001
Documents had been translated from the Japanese, for the purposes of the litigation. The claimant refused disclosure, arguing that they were privileged, and protected from disclosure, having been prepared for the court proceedings.
Held: The . .
See AlsoDubai Bank Ltd and Another v Galadari and Others ChD 19-Feb-1992
Photocopies of documents are discoverable even if they may not be themselves good evidence of the documents of which they are copies. . .
See AlsoDubai Bank Ltd v Galadari and Others (No 5) 25-Jun-1990
A British court can legitimately decide whether a foreign plaintiff company was lawfully incorporated. . .
Lists of cited by and citing cases may be incomplete.

Evidence, Legal Professions, International

Updated: 19 May 2022; Ref: scu.181214

Regina v Governor of Belmarsh Prison and Another, Ex Parte Gilligan; Regina v Governor of Exeter Prison and Another, Ex Parte Ellis: HL 1 Dec 1999

Provided there was sufficient correspondence between the offence alleged to have taken place in Ireland and a serious offence in England, it was proper to order his return to Ireland under an Irish warrant. There is no extradition treaty between the two countries, but the system was properly recorded in the 1965 Act. There was no need for identicality of the offence alleged and the comparable English offence.

Judges:

Lord Browne-Wilkinson Lord Steyn Lord Cooke of Thorndon Lord Hope of Craighead Lord Clyde

Citations:

Times 24-Nov-1999, Gazette 01-Dec-1999, [1999] UKHL 46, [1999] 3 WLR 1244, [2000] 1 All ER 113, [2001] 1 AC 84

Links:

House of Lords, Bailii

Statutes:

Backing of Warrants (Republic of Ireland) Act 1965 2(2)

Cited by:

CitedNorris v United States of America and others HL 12-Mar-2008
The detainee appealed an order for extradition to the USA, saying that the offence (price-fixing) was not one known to English common law. The USA sought his extradition under the provisions of the Sherman Act.
Held: It was not, and it would . .
Lists of cited by and citing cases may be incomplete.

Extradition, International

Updated: 19 May 2022; Ref: scu.85278

Edmunds v Simmonds: QBD 4 Oct 2000

The claimant suffered damages in a road traffic accident in Spain caused by the respondent. A Spanish court would have allowed much lower damages. Such damages should normally be assessed in accordance with the law of the country where the accident happened, but the Act allowed other applicable law to be considered. In this case, both claimant and defendant lived in England, and the majority of damage transpired in England, and the court could and would calculate damages to English standards. The issue was a procedural one, and survived the change in law.
Gartland J said: ‘Even if I had not decided the section 12 point in the claimant’s favour, I would, unless persuaded that Spanish law did not recognise any head of damage recoverable by the claimant, have decided that quantification was purely procedural and should be carried out according to English law in any event.’

Judges:

Gartland J

Citations:

Times 21-Nov-2000, [2001] 1WLR 1003

Statutes:

Private International Law (Miscellaneous Provisions) Act 1995 9, 11

Cited by:

CitedHarding v Wealands CA 17-Dec-2004
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 . .
CitedRoerig v Valiant Trawlers Ltd CA 28-Jan-2002
The claimant who was Dutch, was a widow of a fisherman who had died at sea. The question on appeal was ‘in assessing damages for loss of dependency should benefits resulting from the loss be deducted from the damages?’ The claimant’s position under . .
Lists of cited by and citing cases may be incomplete.

International, Damages

Updated: 19 May 2022; Ref: scu.80259

Case Concerning East Timor (Portugal v Australia): ICJ 18 Jul 1995

Indonesia not accepting jurisdiction of International Court of Justice not bound by it. The Court refused, in the absence of Indonesia as a party, to entertain a claim brought by Portugal challenging Australia’s right to conclude a treaty with Indonesia to delimit the continental shelf in the area of the Timor Gap. Portugal’s claim was based on the proposition that it alone remained in law the administering power in respect of East Timor, despite the Portuguese authorities’ withdrawal from East Timor in 1975 followed by Indonesia’s intervention in and control of East Timor since 1975. Portugal’s claim against Australia necessarily depended upon showing that Indonesia had acquired no legal status in respect of East Timor and that Australia and Indonesia therefore had no right to enter into the Treaty. The very subject-matter of Portugal’s claim was the lawfulness of Indonesia’s conduct. But the Court also made clear that it was ‘not necessarily prevented from adjudicating when the judgment it is asked to give might affect the legal interests of a State which is not party to the case’

Citations:

Times 18-Jul-1995

Cited by:

CitedOccidental Exploration and Production Company vRepublic of Ecuador CA 9-Sep-2005
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to . .
Lists of cited by and citing cases may be incomplete.

International

Updated: 19 May 2022; Ref: scu.78931

Bunzl v Martin Bunzl International Ltd and Others: ChD 3 Aug 2000

Security for costs had been ordered against a Swiss resident claimant. Although Switzerland is not in the EU or in the EEA and therefore rules against discrimination against nationals of member states did not apply, Switzerland was still a signatory to the Brussels and Lugano Conventions for enforcement of judgments. The discretion to require security for costs was slightly wider a regards a Swiss national, but the court should still general follow the rule in Fitzgerald. Orders for security for costs against nationals of other EU member states were discriminatory.

Citations:

Times 19-Sep-2000, Gazette 03-Aug-2000

European, Costs, International

Updated: 18 May 2022; Ref: scu.78741

Jacob and Youngs Inc v Kent: 1921

Court of Appeals of New York. A building contract specified that the plumbing should use a particular type of piping. In fact the builder used a different type of piping. Cardozo J. stated: ‘In the circumstances of this case, we think the measure of the allowance is not the cost of replacement, which would be great, but the difference in value, which would be either nominal or nothing . . It is true that in most cases the cost of replacement is the measure . . The owner is entitled to the money which will permit him to complete, unless the cost of completion is grossly and unfairly out of proportion to the good to be obtained. When that is true, the measure is the difference in value. Specifications call, let us say, for a foundation built of granite quarried in Vermont. On the completion of the building, the owner learns that through the blunder of a subcontractor part of the foundation has been built of granite of the same quality quarried in New Hampshire. The measure of allowance is not the cost of reconstruction. ‘There may be omissions of that which could not afterwards be supplied exactly as called for by the contract without taking down the building to its foundations, and at the same time the omission may not affect the value of the building for use or otherwise, except so slightly as to be hardly appreciable.’

Judges:

Cardoza J

Citations:

(1921) 230 NY 239

Cited by:

CitedRuxley Electronics and Construction Ltd v Forsyth HL 29-Jun-1995
Damages on Construction not as Agreed
The appellant had contracted to build a swimming pool for the respondent, but, after agreeing to alter the specification to construct it to a certain depth, in fact built it to the original lesser depth, Damages had been awarded to the house owner . .
Lists of cited by and citing cases may be incomplete.

Damages, Construction, International

Updated: 18 May 2022; Ref: scu.526102

Ace Insurance Sa-Nv v Zurich Insurance Company and Another: QBD 6 Sep 2000

The doctrine of ‘forum non conveniens’ could be used to prevent the prosecution in the UK in respect of a matter agreed to be conducted in Texas, even though the proper applicable law was that England. The Act did not restrict the application of the doctrine in this way even for a non-contracting state, where the parties were subject to an express agreement or provision to this effect.

Citations:

Times 06-Sep-2000

Statutes:

Civil Jurisdiction and Judgments Act 1982

Cited by:

Appeal FromAce Insurance Sa/Nv v Zurich Insurance Co and Another CA 2-Feb-2001
The doctrine of forum non conveniens could be used to prevent the prosecution in the UK in respect of a matter agreed to be conducted in Texas, even though the proper applicable law was that England. The Act did not operate to restrict the . .
Lists of cited by and citing cases may be incomplete.

International

Updated: 17 May 2022; Ref: scu.77626

In re English, Scottish and Australian Chartered Bank: 1893

Vaughan Williams J said: ‘One knows that where there is a liquidation of one concern the general principle is – ascertain what is the domicile of the company in liquidation; let the court of the country of domicile act as the principal court to govern the liquidation; and let the other courts act as ancillary, as far as they can, to the principal liquidation. But although that is so, it has always been held that the desire to assist in the main liquidation – the desire to act as ancillary to the court where the main liquidation is going on – will not ever make the court give up the forensic rules which govern the conduct of its own liquidation.'(

Judges:

Vaughan Williams J

Citations:

[1893] 3 Ch 385

Cited by:

CitedCape Plc and Others, Re Companies Act 1985 ChD 16-Jun-2006
The court was asked to sanction a scheme of arrangements, and particularly to approve a proposed scheme which itself contained the power to make amendments to the scheme.
Held: The court did have power to sanction such a proposed scheme of . .
CitedMcGrath and others v Riddell and others HL 9-Apr-2008
(Orse In Re HIH Casualty and General Insurance Ltd)
HIH, an Australian Insurance company, became insolvent. An order was sought for the collection and remission of it assets in England under a letter of request from the Australia Court.
Lists of cited by and citing cases may be incomplete.

Company, Insolvency, International

Updated: 17 May 2022; Ref: scu.244199

Cruz-Vargas v R J Reynolds Tobacco Company: 2003

(United States Court of Appeals, 1st Circuit) Relatives of a deceased smoker brought a negligence and strict liability suit against a tobacco company, alleging that it was responsible for his death. The action was brought in the District Court for the District of Puerto Rico. There was evidence that ‘the average consumer in Puerto Rico during the 1950’s, during the 1960’s’ was aware both of health risks, such as cancer and cardiovascular disease, associated with smoking and that ‘smoking was or could be difficult to quit’. In discussing the evidence regarding common knowledge, the Court of Appeals said: ‘This case calls for us to evaluate application of the common knowledge doctrine in the context of tobacco litigation. The doctrine stems from the principle that a manufacturer cannot be held liable under either strict liability or negligence for failure to warn of a danger commonly known to the public. See, e.g., Guevara v Dorsey Labs., Div. of Sandoz, Inc., 845 F 2d 364, 367 (1st Cir. 1988) (‘The duty to warn in general is limited to hazards not commonly known to the relevant public’); Aponte Rivera v Sears Roebuck, 44 P.R. Offic. Trans. 7, 144 D.P.R. 830 (1998) (‘[A] manufacturer need not warn of a hazard if the average consumer ordinarily has knowledge of the dangers of the product.’). […]
A products liability plaintiff alleging failure to warn must prove
‘(1) the manufacturer knew, or should have known of the risk inherent in the product; (2) there were no warnings or instructions, or those provided were inadequate; (3) the absence of warnings made the product inherently dangerous; (4) the absence of adequate warnings or instructions was the proximate cause of plaintiff’s injury.’
Aponte Rivera, 44 P.R. Offic. Trans. at 6. Under the common knowledge doctrine, however, a defendant neither breaches a duty nor causes the product to be inherently dangerous when the allegedly omitted warning concerns a danger of which the public is well aware. […]
The crux of appellants’ entreaty on appeal is that neither the strict liability nor the negligence claim requires any affirmative showing, and thus the burden rested entirely on Reynolds. Whether or not this is a correct view of the law, after searching the record we have found no evidence which supports appellants’ allegations that there was a lack of common knowledge and thus we are compelled to find that Reynolds met its burden in any event.’
(5) In Roysdon v R.J. Reynolds Tobacco Company 849 F.2d 230 (6th Cir. 1988), a smoker and his wife brought an action against a tobacco manufacturer to recover for disease allegedly caused by smoking. The United States Court of Appeals, Sixth Circuit, inter alia affirmed the dismissal by the United States District Court for the Eastern District of Tennessee of the plaintiffs’ failure to warn claim. At p.236, para.10, the Court of Appeals said:
‘[T]he district court took judicial notice that ‘tobacco has been used for over 400 years and that its characteristics have also been fully explored. Knowledge that cigarette smoking is harmful to health is widespread and can be considered part of the common knowledge of the community.’
Roysdon, 623 F.Supp. at 1192. Remembering that this action was limited to the ten years preceding the filing of this complaint [on 5 July 1984], we think this approach was appropriate. The extensive information regarding the risks of smoking available to the public during that time precluded the existence of a jury question as to whether cigarettes are unreasonably dangerous. We find that whether there was knowledge regarding Mr Roysdon’s specific medical problem is irrelevant in light of the serious nature of the other diseases known at that time to be caused by cigarette smoking.’

Citations:

[2003] 348 F3d 271 (1st Cir.2003)

Cited by:

CitedMcTear v Imperial Tobacco Ltd OHCS 31-May-2005
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this.
Held: The action failed. The plaintiff had not . .
Lists of cited by and citing cases may be incomplete.

Negligence, International

Updated: 17 May 2022; Ref: scu.226222

Curtin v Barton: 1893

(New York) ‘When a court with competent jurisdiction is duly established, a suitor who resorts to it for the administration of justice and the protection of private rights should not be defeated or embarrassed by questions relating to the title of the judge who presides in the court, to his office.’

Citations:

(1893) 139 NY 505

Cited by:

CitedFawdry and Co (A Firm) v Murfitt CA 14-May-2002
The judge at first instance who was ticketed to sit as a judge in the Technology and Construction Court, had been asked to sit as a judge of the High Court to take this case. The appellant said she was acting outside her powers.
Held: The . .
CitedBaldock v Webster and Others CA 21-Dec-2004
The claimant alleged negligence against his solicitors in having failed to challenge an order made ultra vires by a county court judge.
Held: The common law doctrine of de facto jurisdiction validated the decision of the judge. The recorder . .
Lists of cited by and citing cases may be incomplete.

International, Litigation Practice

Updated: 16 May 2022; Ref: scu.221428

Simon Engineering Plc and Another v Butte Mining and Another (No 2): ComC 27 Feb 1995

Procedure – Interlocutory injunction – anti-suit injunction – injunction to prevent appeal in the US from being pursued – foreign court pronounced itself to be without jurisdiction – natural forum – foreign proceedings oppressive

Judges:

Rix J

Citations:

[1996] 1 Lloyd’s Rep 91

Jurisdiction:

England and Wales

Litigation Practice, International

Updated: 16 May 2022; Ref: scu.182569

Prosecutor v Furundzija: ICT 10 Dec 1998

The status of the prohibition on State torture as a rule of jus cogens has the consequence that at the inter-State level, any legislative, administrative or judicial act authorising torture is illegitimate. Furthermore, the prohibition on State torture imposes obligations owed by States erga omnes, to all other States which have a corresponding right and interest in compliance.
(International Criminal Tribunal for the Former Yugoslavia The Hague) The jus cogens character of the prohibition on torture means that it enjoys a higher rank in the international hierarchy than treaty law and even ‘ordinary’ customary rules with the consequence that no derogation from the rule by States can be permitted, whether through international treaties or local or special customs or even general customary rules not endowed with the same normative force. The prohibition of torture is an absolute value from which nobody must deviate.
‘Furthermore, the prohibition of torture imposes upon states obligations erga omnes, that is, obligations owed towards all the other members of the international community, each of which then has a correlative right. In addition, the violation of such an obligation simultaneously constitutes a breach of the correlative right of all members of the international community and gives rise to a claim for compliance accruing to each and every member, which then has the right to insist on fulfilment of the obligation or in any case to call for the breach to be discontinued.’

Citations:

Case No. IT – 95- 17/T 10, (1998) 38 ILM 317

Links:

ICT

Cited by:

CitedMohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1) Admn 21-Aug-2008
The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by . .
See AlsoProsecutor v Furundzija 1-Apr-1999
(International Criminal Tribunal for the Former Yugoslavia) The court described the main features of the law against torture: ‘There exists today universal revulsion against torture: as a USA Court put it in Filartiga v. Pena-Irala, ‘the torturer . .
CitedYoussef v Secretary of State for Foreign and Commonwealth Affairs SC 27-Jan-2016
An Egyptian national, had lived here since 1994. He challenged a decision by the Secretary of State,as a member of the committee of the United Nations Security Council, known as the Resolution 1267 Committee or Sanctions Committee. The committee . .
Lists of cited by and citing cases may be incomplete.

International, Human Rights

Updated: 15 May 2022; Ref: scu.272824

Societe D’Informatique Service Realisation Org v Ampersand Software Bv: CA 29 Sep 1993

Foreign judgment registered here despite claim that it was obtained by fraud.

Citations:

Gazette 29-Sep-1993

Jurisdiction:

England and Wales

Cited by:

Reference fromSociete D’Informatique Service Realisation Organisation v Ampersand Software Bv ECJ 25-Sep-1995
Court’s refusal to stay enforcement of foreign court order cannot be appealed against. Different jurisdictions not to be used to get advantage on enforcement. . .
Lists of cited by and citing cases may be incomplete.

International

Updated: 15 May 2022; Ref: scu.89366

Society of Lloyd’s v White and others: QBD 14 Apr 2000

A court in England could issue an injunction preventing parties continuing an action in Australia even though the court there had accepted jurisdiction. The contract contained an exclusive jurisdiction clause for dispute to be settled here, and the Australian court did not appear to have considered relevant English court decisions. Such an action must be speedy, and made with respect for the foreign court.

Citations:

Times 14-Apr-2000

Jurisdiction:

England and Wales

Jurisdiction, International

Updated: 15 May 2022; Ref: scu.89382

Skrine and Co (a Firm) and others v Euromoney Publications plc and others: QBD 10 Nov 2000

The court was asked to strike out parts of a defemation pleading alleging that (i) the Malaysian Prime Minister had acted in a manner intended and/or calculated to interfere with the independent judiciary; (ii) Malaysian judges applied the law of defamation to penalise dissent and stifle freedom of expression; and (iii) the claimants’ insurers only paid the original plaintiffs ‘exorbitant sums by way of ostensible damages and costs because they apprehended that the claimants would not have received a fair trial at the hands of Malaysia’s internationally discredited legal system.’
Held: An English court should not be asked to judge the propriety of the actions of the judiciary of a friendly foreign state. This would put such friendly relations at risk and an English judge could have no way of making such a judgment. It was not a breach of an applicant’s civil rights to enforce a properly made contribution order made there against a citizen here, since under the Act only an award which was just and equitable in all the circumstances could be made. The defence of fair comment could still be tried fairly.

Judges:

Morland J

Citations:

Times 10-Nov-2000, Gazette 23-Nov-2000, [2001] EMLR 16

Statutes:

Civil Liability (Contributions) Act 1978

Jurisdiction:

England and Wales

Citing:

CitedButtes Oil and Gas Co v Hammer (No 3) HL 1982
The House considered a dispute between two Us oil companies about the right to exploit an oil field in the Gulf. Each claimed to have a concession granted by the ruler of a Gulf state. Each state claimed that the oil field was within its territorial . .

Cited by:

CitedAl-Koronky and Another v Time-Life Entertainment Group Ltd and Another CA 28-Jul-2006
The claimants sought damages after publication of articles alleging severe mistreatment of a servant. One defendant had settled and apologised, but the defendant publisher and author had persisted with the allegation. The claimants who lived in . .
CitedKorea National Insurance Company v Allianz Global Corporate and Specialty Ag ComC 18-Nov-2008
The claimant sought to enforce a judgment for payment of a sum under a policy of insurance. The defendant sought to refuse saying that the policy had been instigated by a fraud perpetrated by the state of North Korea, and or that the judicial system . .
Lists of cited by and citing cases may be incomplete.

International, Human Rights, Defamation

Updated: 15 May 2022; Ref: scu.89300

Emesa Sugar (Free Zone) Nv v Aruba (No 2) Case C-17/98): ECJ 29 Feb 2000

A national court had jurisdiction to make an order against a Non-EC body in order to prevent an imminent infringement of community law, provided that the court had proper and serious doubts about the implementation of the community law, the matter was urgent, and the national court made proper allowance for the Community’s interests.

Citations:

Times 29-Feb-2000

Jurisdiction:

European

International

Updated: 15 May 2022; Ref: scu.80309

As Latvijas Krajbanka v Antonov: ComC 27 May 2016

The bank claimed undr Latvian Law. The defendant though aware of proceedings had failed to comply with court for dicovery, and had not attended the trial. He had been found to have exaggerated the value of a yacht given in security for a loan.
Held: The application had been dishonest and in reckless disregard of the fact that the transaction was not in the interests of the Bank. Similar findings applied to seven other very substantial advances totalling over US$30 million.

Judges:

Leggatt J

Citations:

[2016] EWHC 1262 (Comm), 2014 FOLIO 861 and 761

Links:

Bailii, Judiciary

Jurisdiction:

England and Wales

Banking, International

Updated: 15 May 2022; Ref: scu.564921

Whitney v California: 1927

(United States) Brandeis J considered that the risk of mis-reporting of court proceedings was in fact a reason for more court reporting: ‘If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence.’

Judges:

Brandeis J

Citations:

(1927) 274 US 357

Jurisdiction:

United States

Cited by:

CitedNorfolk County Council v Webster and others FD 1-Nov-2006
The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified.
Held: A judge . .
Lists of cited by and citing cases may be incomplete.

International, Media

Updated: 14 May 2022; Ref: scu.245944

Masters and Others v Leaver: CA 2 Sep 1999

A judgment obtained by default against a bankrupt in a foreign jurisdiction, was not sufficient evidence of itself, to establish that the debt which it proved had been obtained or created by fraud, or by a fraud to which they were a party. The party had been debarred from defending himself, and a finding on those terms could not mean that the debt should survive a bankruptcy here.

Citations:

Gazette 02-Sep-1999, Times 05-Aug-1999

Statutes:

Insolvency Act 1986 281 (3)

Jurisdiction:

England and Wales

Insolvency, International

Updated: 10 May 2022; Ref: scu.83466

In Re K (A Minor) (Removal From Jurisdiction: Practice): CA 2 Sep 1999

Hearings involving the temporary removal of a child to a non-Convention country needed full preparation, and must be heard by a Family Division judge. The magnitude of the risks and the irretrievable consequences required this. Care should be taken to implement the fullest safeguards, and if necessary expert evidence on the practicality of enforcing such safeguards in that country in the case of breach.

Citations:

Gazette 02-Sep-1999

Statutes:

Convention on the Civil Aspects of International Child Abduction 1980

Jurisdiction:

England and Wales

Children, International

Updated: 10 May 2022; Ref: scu.81971

England v Smith: CA 8 Dec 1999

A liquidator of an Australian company sought damages from a ‘world-wide’ company Arthur Andersen’ and sought in particular to examine a partner in the UK. Examination was at first refused since an English court would not make a similar order. That erred in taking a restrictive view of English insolvency practice. ‘Insolvency Law’ did not exclude other considerations such as the need for comity as shown in the section. Australian law applied to the examination of an accountant connected with insolvent Australian company.

Citations:

Gazette 08-Dec-1999, [2001] Ch 419

Statutes:

Insolvency Act 1986 236

Jurisdiction:

England and Wales

Cited by:

CitedMcGrath and Honey v McMahon and Others, Re HIH Casualty and General Insurance Ltd and others CA 9-Jun-2006
The insurance company was to be wound up. It operated internationally but was registered in Australia. The Australian liquidator now sought an order for the transfer of assets held here to Australia.
Held: It was inevitable that cross border . .
CitedMcGrath and others v Riddell and others HL 9-Apr-2008
(Orse In Re HIH Casualty and General Insurance Ltd)
HIH, an Australian Insurance company, became insolvent. An order was sought for the collection and remission of it assets in England under a letter of request from the Australia Court.
Lists of cited by and citing cases may be incomplete.

Company, International

Updated: 10 May 2022; Ref: scu.80333

Dubai Islamic Bank Pjsc v Paymentech Merchant Services Inc: QBD 24 Nov 2000

The place of arbitration, the juridical seat, was necessarily and inherently established at the time when an arbitration began, and could not subsequently be moved, save with the consent of the parties. Until the point where the arbitration commenced, the juridical seat could be established as required under the Act by looking at all the circumstances, but to allow it to be reviewed and changed after commencement would allow it to become peripatetic.

Citations:

Gazette 07-Dec-2000, Times 24-Nov-2000

Statutes:

Arbitration Act 1996 67 68 69

Arbitration, International

Updated: 10 May 2022; Ref: scu.80152

F Hoffmann-La Roche Ltd v Empagran SA: 14 Jun 2004

United States Supreme Court – the Supreme Court reflected on matters of comity in relation to US competition law in the Sherman Act, saying that a state has jurisdiction to prescribe law with respect to ‘(a) conduct that, wholly or in substantial part, takes place within its territory; (b) the status of persons, or interests in things, present within its territory; (c) conduct outside its territory that has or is intended to have substantial effect within its territory’.
Breyer JA said: ‘this court ordinarily construes ambiguous statutes to avoid unreasonable interference with the sovereign authority of other nations. . . This rule of construction reflects principles of customary international law – law that (we must assume) Congress ordinarily seeks to follow. See Restatement (Third) of Foreign Relations Law of the United States sections 403(1), 403(2) (1986) (hereinafter Restatement) (limiting the unreasonable exercise of prescriptive jurisdiction with respect to a person or activity having connections with another state); Murray v Schooner Charming Betsy, 2 Cranch 64, 118 (1804) (‘[A]n act of Congress ought never to be construed to violate the law of nations if any other possible construction remains’);
This rule of statutory construction cautions courts to assume that legislators take account of the legitimate sovereign interests of other nations when they write American laws. It thereby helps the potentially conflicting laws of different nations work together in harmony-a harmony particularly needed in today’s highly interdependent commercial world.
No one denies that America’s antitrust laws, when applied to foreign conduct, can interfere with a foreign nation’s ability independently to regulate its own commercial affairs. But our courts have long held that application of our antitrust laws to foreign anticompetitive conduct is nonetheless reasonable, and hence consistent with principles of prescriptive comity, insofar as they reflect a legislative effort to redress domestic antitrust injury that foreign anticompetitive conduct has caused.
But why is it reasonable to apply those laws to foreign conduct insofar as that conduct causes independent foreign harm and that foreign harm alone gives rise to the plaintiff’s claim? Like the former case, application of those laws creates a serious risk of interference with a foreign nation’s ability independently to regulate its own commercial affairs. But, unlike the former case, the justification for that interference seems insubstantial. See Restatement section 403(2) (determining reasonableness on basis of such factors as connections with regulating nation, harm to that nation’s interests, extent to which other nations regulate, and the potential for conflict). Why should American law supplant, for example, Canada’s or Great Britain’s or Japan’s own determination about how best to protect Canadian or British or Japanese customers from anticompetitive conduct engaged in significant part by Canadian or British or Japanese or other foreign companies?’

Citations:

159 L Ed 2d 226, [2004] USSC 238, 542 US 155, 124 SCt 2359

Links:

Worldlii

Jurisdiction:

United States

Cited by:

CitedThe United States of America v Nolan SC 21-Oct-2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed.
Lists of cited by and citing cases may be incomplete.

International

Updated: 09 May 2022; Ref: scu.591915

Mozes v Mozes: 9 Jan 2001

United States Court of Appeals, Ninth Circuit

Judges:

KOZINSKI and THOMAS, Circuit Judges, and ILLSTON, District Judge

Citations:

[2001] USCA9 16, 239 F.3d 1067 (9th Cir. 2001)

Links:

Worldlii

Statutes:

Hague Convention on the Civil Aspects of International Child Abduction

Jurisdiction:

United States

Cited by:

CitedA v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening) SC 9-Sep-2013
Acquisition of Habitual Residence
Habitual residence can in principle be lost and another habitual residence acquired on the same day.
Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member . .
Lists of cited by and citing cases may be incomplete.

Children, International

Updated: 09 May 2022; Ref: scu.588979

Attorney-General for the United Kingdom v Heinemann Publishers Australia Pty Ltd: 1988

(High Court of Australia) The A-G sought to prevent publication in Australia of the book Spycatcher, saying that it had been written by a former member of the British intelligence service and that it was derived from confidential material.
Held: The court should not enforce foreign public laws, in so much as it would not allow enforcement outside the territory of the foreign sovereign of claims based on or related to the exercise of foreign governmental power. Though it was difficult to identify the foreign laws or rights which fell within the general principle, the majority suggested that, rather than refer to ‘public laws’, it would be more apt to refer to ‘public interests’ or ‘governmental interests’ that is to claims enforcing the interests of a foreign sovereign which arise from the exercise of certain powers peculiar to government. This claim for relief ‘arises out of, and is secured by, an exercise of a prerogative of the Crown, that exercise being the maintenance of the national security. Therefore the right or interest asserted in the proceedings is to be classified as a governmental interest. As such, the action falls within the rule of international law which renders the claim unenforceable’.

Citations:

(1988) 165 CLR 30

Jurisdiction:

Australia

Cited by:

CitedMbasogo, President of the State of Equatorial Guinea and Another v Logo Ltd and others CA 23-Oct-2006
Foreign Public Law Not Enforceable Here
The claimant alleged a conspiracy by the defendants for his overthrow by means of a private coup d’etat. The defendants denied that the court had jurisdiction. The claimants appealed dismissal of their claim to damages.
Held: The claims were . .
Lists of cited by and citing cases may be incomplete.

International

Updated: 07 May 2022; Ref: scu.245577

Brown v Superior Court: 1988

(Supreme Court of California) The court considered the ‘market share doctrine’ for apportioning liability between tortfeasors: ‘In creating the market share doctrine, this court attempted to fashion a remedy for persons injured by a drug taken by their mothers a generation ago, making identification of the manufacturer impossible in many cases. We realised that in order to provide relief for an injured DES daughter faced with this dilemma, we would have to allow recovery of damages against some defendants which may not have manufactured the drug that caused the damage. . . Each defendant would be held liable for the proportion of the judgment represented by its market share, and its overall liability for injuries caused by DES would approximate the injuries caused by the DES it manufactured. A DES manufacturer found liable under this approach would not be held responsible for injuries caused by another producer of the drug. The opinion acknowledged that only an approximation of a manufacturer’s liability could be achieved by this procedure, but underlying our holding was a recognition that such a result was preferable to denying recover altogether to plaintiffs injured by DES.
It is apparent that the imposition of joint liability on defendants in a market share action would be inconsistent with this rationale. Any defendant could be held responsible for the entire judgment even though its market share may have been comparatively insignificant. Liability would in the first instance be measured not by the likelihood of responsibility for the plaintiff’s injuries but by the financial ability of a defendant to undertake payment of the entire judgment or a large portion of it.’

Citations:

(1988) 751 P 2d 470

Jurisdiction:

England and Wales

Cited by:

CitedBarker v Corus (UK) Plc HL 3-May-2006
The claimants sought damages after contracting meselothemia working for the defendants. The defendants argued that the claimants had possibly contracted the disease at any one or more different places. The Fairchild case set up an exception to the . .
Lists of cited by and citing cases may be incomplete.

International, Damages

Updated: 07 May 2022; Ref: scu.241494

Naviera Maritima Peruana SA v Compania Internacional de Seguros de Peru: CA 1988

Unless agreed otherwise, the law of the ‘seat’ of the arbitration will govern its conduct. The court overruled a first instance decision that an arbitration was to be conducted in Lima as the agreed forum (and therefore seat), but with English law as the lex fori. LJ Kerr referred to the complexities and inconveniences which such an arrangement would cause, including the impossibility or at best difficulty of the English Court exercising jurisdiction over an arbitration proceeding in Peru.

Judges:

Kerr LJ

Citations:

[1988] 1 Lloyds Rep 1116

Jurisdiction:

England and Wales

Cited by:

CitedHalpern and Another v Halpern and others ComC 24-Mar-2006
The deceased parents, being orthodox Jews, had first made standard wills and then made provision accoding to Jewish law. A dispute after the second death was referred to a Beth Din arbitration. After an initial resolution, various distributions were . .
Lists of cited by and citing cases may be incomplete.

Arbitration, International

Updated: 07 May 2022; Ref: scu.239600

Emperor of Austria v Day and Kossuth: 1861

The defendants had printed banknotes in London. Kossuth intended to use the notes in Hungary after overthrowing the Emperor of Austria by revolution. The Emperor obtained an injunction restraining the defendants from continuing to manufacture them. The defendants appealed.
Held: The injunction was upheld. One of the defences advanced was that the injunction should be refused because the proceedings were brought to protect the Emperor’s political power and prerogatives. Lord Campbell LC:’if the suit were instituted merely to support his political power and prerogatives’ he would have denied the Emperor the right to maintain the suit.
Lord Justice Turner agreed and noted that the bill put the plaintiff’s case on three grounds: (i) violation of the rights and prerogative of the plaintiff as King of Hungary ‘by promotion of revolution and disorder and otherwise’; (ii) injury to the State of Hungary by the introduction of a spurious circulation into that kingdom; and (iii) injury to the subjects of the plaintiff by the same cause. There was no doubt that the court did not have jurisdiction to interfere on the grounds that the notes were intended to be used for the purpose of promoting revolution and disorder. He rejected the second ground saying the right of coining and issuing paper money is the prerogative of a sovereign: ‘so far, therefore, as this bill is founded upon the prerogative rights of the Plaintiff, or upon the political rights of his subjects’ the injunction should be refused: ‘the prerogative rights of sovereigns seem to me, as at present advised, to stand very much upon the same footing as acts of State and matters of that description, with which the municipal courts of this country do not and cannot interfere’.
But the court upheld the injunction on the third ground on which the bill was based. Lord Campbell was of the opinion that ‘if the acts meditated by the defendants and forbidden by this injunction were actually done, a pecuniary loss would be sustained by the plaintiff and by all his subjects, holders of the existing currency’. The court has jurisdiction to protect property from an act which, if completed, would give a right of action. Lord Justice Turner said that the third ground on which the bill was based alleged a case of injury to the subjects of the kingdom, ‘an injury not to the political but to the private rights of the plaintiff’s subjects’. He concluded: ‘I agree that the jurisdiction of this Court in a case of this nature rests upon injury to property actual or prospective, and that this Court has no jurisdiction to prevent the commission of acts which are merely criminal or merely illegal, and do not affect any rights of property, but I think there are here rights of property quite sufficient to found jurisdiction in this Court.’

Judges:

Lord Campbell LC, Lord Justice Turner

Citations:

(1861) 2 Giff 628

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Jones (Margaret), Regina v Milling and others HL 29-Mar-2006
Domestic Offence requires Domestic Defence
Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were . .
CitedKingdom of Spain v Christie, Manson and Woods Ltd 1986
The court questioned the basis of the cause of action asserted in Austria -v- Day. . .
CitedRCA Corporation v Pollard CA 1982
The illegal activities of bootleggers who had made unauthorised recordings of concerts, diminished the profitability of contracts granting to the plaintiffs the exclusive right to exploit recordings by Elvis Presley.
Held: The defendant’s . .
CitedMbasogo, President of the State of Equatorial Guinea and Another v Logo Ltd and others CA 23-Oct-2006
Foreign Public Law Not Enforceable Here
The claimant alleged a conspiracy by the defendants for his overthrow by means of a private coup d’etat. The defendants denied that the court had jurisdiction. The claimants appealed dismissal of their claim to damages.
Held: The claims were . .
Lists of cited by and citing cases may be incomplete.

Crime, International

Updated: 07 May 2022; Ref: scu.239959

Philip Alexander Securities and Futures Ltd v Bamberger and Others: ComC 8 May 1996

ComC Consumer contracts – arbitration provision – Consumer Arbitration Agreements Act 1988 – exceptions – sections 2(b), 4 : European Union – Consumer contracts – arbitration provision – Consumer Arbitration Agreements Act 1988 – exceptions – section 2(a) – distinction between domestic and non-domestic consumers – discrimination – Article 6 EC – freedom to provide services – restriction – Article 59 EC – breach of European law – disapplication of section 2(a) : Consumer contracts – arbitration provision – ruling on application of arbitration provision by courts of Contracting State – Brussels Convention article 1(4) – exclusion of arbitration – meaning – Brussels Convention article 27(4), 28

Judges:

Waller J

Citations:

Independent 08-Jul-1996

Statutes:

Consumer Arbitration Agreements Act 1988

Jurisdiction:

England and Wales

Cited by:

Appeal from (Affirmed)Philip Alexander Securities and Futures Ltd v Bamberger and Others CA 22-Jul-1996
. .
Lists of cited by and citing cases may be incomplete.

Arbitration, International, Consumer

Updated: 06 May 2022; Ref: scu.186006

HKSAR v Li Kwok Cheung George: 5 Jun 2014

Hong Kong Court of Final Appeal The court considered the wording of a Hong Kong money laundering ordinance.
Held: Ribeiro and Fok PJJ said in their joint judgment with which the other members of the Court of Final Appeal agreed, saying: ‘It is one thing to criminalise dealing with funds where the dealer knows or has reasonable grounds to believe that they are the proceeds of crime, it is quite a different matter to stigmatise as a money launderer, a lender dealing with its own ‘clean’ funds because of what the borrower does or intends to do with them.’

Judges:

Mr Justice Ribeiro PJ, Mr Justice Tang PJ,, Mr Justice Fok PJ, Mr Justice Bokhary NPJ,, Lord Collins of Mapesbury NPJ

Citations:

[2014] HKCFA 48, [2014] 4 HKC 101

Links:

HKLII, Hklii, Hklii Summary

Jurisdiction:

England and Wales

Cited by:

CitedGH, Regina v SC 22-Apr-2015
Appeal against conviction for entering into an arrangement for the retention of criminal funds. The defendant said that at the time of the arrangement there were not yet any criminal funds in existence. A had set up websites intending to con . .
Lists of cited by and citing cases may be incomplete.

Crime, International

Updated: 04 May 2022; Ref: scu.565398

Regazzoni v KC Sethia (1994) Ltd: CA 1956

The rule against enforcing foreign political laws did not require it to enforce a contract that violated Indian laws against export to South Africa. The court permitted recognition but not enforcement of foreign revenue laws.
Denning LJ said: ‘if two people knowingly agree together to break the laws of a friendly country or to procure someone else to break them or to assist in the doing of it, then they cannot ask this court to give its aid to the enforcement of their agreement.’

Judges:

Parker, Denning LJJ

Citations:

[1956] 2 QB 490, [1956] 2 All ER 487

Jurisdiction:

England and Wales

Cited by:

CitedFielding and Platt Ltd v Selim Najjar CA 17-Jan-1969
The plaintiff company had contracted to make and export to the defendant an aluminium extrusion press. The defendant re-assured the plaintiff that it would be lawful for him to import the plant, but asked that the plant be described falsely on the . .
fromRegazzoni v Sethia HL 1957
The House considered a mutual intention of both parties to perform a contract, which was not illegal on its face, but in a manner which was contrary to the law of the place where it was to be performed.
Held: Lord Reid said: ‘To my mind, the . .
Lists of cited by and citing cases may be incomplete.

Contract, International

Updated: 04 May 2022; Ref: scu.464683

Brook v Brook: 17 Apr 1858

The law of the country in which a marriage is solemnised cannot give validity to a marriage prohibited by the laws of the country of the domicile and allegiance of the contracting parties.
Therefore, a marriage celebrated during a temporary residence in Denmark between an English widower and the sister of his deceased wife, being null and void by the stat. 5 and 6 Wtn. 4, is not valid, although by the law of Denmark marriages are permitted between persons so related by affinity.
The principle of lex loci contractus examined as to various qualifications and exceptions,

Citations:

[1858] EngR 545, (1857-1858) 3 Sm and G 481, (1858) 65 ER 746

Links:

Commonlii

Jurisdiction:

England and Wales

Family, International

Updated: 02 May 2022; Ref: scu.289016

Peter Buchanan Limited and Macharg v McVey: 1954

(Supreme Court of Ireland) The plaintiff was a company registered in Scotland put into compulsory liquidation by the revenue under a substantial claim for excess profits tax and income tax. The liquidator was really a nominee of the revenue. The defendant director had realised all the company’s assets and having paid all the debts save the revenue, had the balance transferred to himself to his credit with an Irish bank. He moved to Ireland. The action appeared to seek to recover the balance from the defendant at the instance of the company directed by the liquidator.
Held: The director’s actions were dishonestly intended to defeat the claim of the revenue in Scotland as a creditor. However though the action was in form an action by the company to recover these assets, it was found ‘For the purpose of this case it is sufficient to say that when it appears to the court that the whole object of the suit is to collect tax for a foreign revenue, and that this will be the sole result of a decision in favour of the plaintiff, then a court is entitled to reject the claim by refusing jurisdiction’ and as an attempt to enforce indirectly a claim to tax by the revenue authorities of another State, the action was dismissed.

Judges:

Kingsmill Moore J

Citations:

[1955] AC 516, [1954] IR 89

Jurisdiction:

England and Wales

Cited by:

ApprovedGovernment of India v Taylor HL 1955
The Government of India sought to prove in the voluntary liquidation of a company registered in the United Kingdom but trading in India for a sum due in respect of Indian income tax, including capital gains tax, which arose on the sale of the . .
ApprovedIn re State of Norway’s application (Nos 1 and 2) HL 1989
The House considered an application by a foreign state seeking assistance in obtaining evidence here to be used in enforcing its own revenue laws at home.
Held: Rule 3 of the Convention encapsulated a ‘fundamental rule of English Law’, but did . .
FollowedQRS 1 APS and others v Frandsen CA 21-May-1999
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 . .
CitedWilliams and Humbert Ltd v W and H Trade Marks (Jersey) Ltd HL 1986
There had been an expropriation by Spanish decrees of shares in a Spanish company whose English subsidiary had rights in trade marks which it had sold to a Jersey company. The Spanish and English companies sought certain relief in relation to the . .
CitedHolland v Lampen-Wolfe HL 20-Jul-2000
The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state . .
CitedHill (As Trustee In Bankruptcy of Nurkowski) v Spread Trustee Company Ltd and Another CA 12-May-2006
The defendants sought relief for transactions entered into at an undervalue. The bankrupt had entered into charges and an assignment of a loan account in their favour before his bankruptcy, and the trustee had obtained an order for them to be set . .
CitedMbasogo, President of the State of Equatorial Guinea and Another v Logo Ltd and others CA 23-Oct-2006
Foreign Public Law Not Enforceable Here
The claimant alleged a conspiracy by the defendants for his overthrow by means of a private coup d’etat. The defendants denied that the court had jurisdiction. The claimants appealed dismissal of their claim to damages.
Held: The claims were . .
Lists of cited by and citing cases may be incomplete.

International, Taxes Management

Updated: 30 April 2022; Ref: scu.225455

Herbage v Meese: 1990

(US) A claim was brought against British police officers and prosecuting counsel for knowingly and falsely stating, in the context of extradition proceedings against the claimant, that the United States had made a valid ‘provisional request’ for his extradition.
Held: The Foreign Sovereign Immunities Act of 1976 does not discuss the liability or role of natural persons, whether governmental officials or private persons’, the sovereign immunity which it grants was held to extend to such persons: ‘This is a logical approach, for a government does not act but through its agents’. ‘The standard for determining whether immunity is warranted does not depend on the identity of the person or entity so much as the nature of the act for which the person or entity is claiming immunity’. Since the activity complained of was governmental in nature and performed by officials of that government, the Court had no jurisdiction ‘over a foreign sovereign’ and that the FSIA was ‘absolute in this regard, no matter how heinous the alleged illegalities’.

Citations:

(1990) 747 F Supp 60

Jurisdiction:

England and Wales

Cited by:

AppliedJaffe v Miller 1993
(Ontario Court of Appeal) Florida state officials were sued for alleged conspiracy maliciously to prosecute and to kidnap and detain the claimant, in order to blackmail him into giving up a civil suit.
Held: It is the character of the act, . .
CitedJones v Ministry of Interior Al-Mamlaka Al-Arabiya As Saudiya Kingdom of Saudi Arabia) and Another CA 28-Oct-2004
The claimants sought damages alleging torture by the respondent whilst held in custody in Saudi Arabia.
Held: Although the state enjoyed freedom from action, where the acts were ones of torture, and action could proceed against state officials . .
Lists of cited by and citing cases may be incomplete.

International

Updated: 30 April 2022; Ref: scu.219449

Church of Scientology: 1978

(German Supreme Court) A claim to immunity by the defendant (the ‘Head of New Scotland Yard’) was not ‘derived from his person’, but was based on the fact that the act on which the claimant sued was ‘a sovereign act of State which can only be attributed to the British State and not to him or any other official acting on behalf of that State, because the State is always considered the actor when one of its functionaries performs acts which are incumbent on it’. The acts of the defendant, as the expressly appointed agent of the United Kingdom for the purpose of performance of a treaty between the United Kingdom and Germany, ‘cannot be attributed as private activities to the person authorised to perform them in any given case’ and that ‘any attempt to subject State conduct to German jurisdiction by targeting the foreign agent performing the act would undermine the absolute immunity of sovereign States in respect of sovereign activity’.

Citations:

(1978) 65 ILR 193

Jurisdiction:

England and Wales

Cited by:

CitedJones v Ministry of Interior Al-Mamlaka Al-Arabiya As Saudiya Kingdom of Saudi Arabia) and Another CA 28-Oct-2004
The claimants sought damages alleging torture by the respondent whilst held in custody in Saudi Arabia.
Held: Although the state enjoyed freedom from action, where the acts were ones of torture, and action could proceed against state officials . .
Lists of cited by and citing cases may be incomplete.

International

Updated: 30 April 2022; Ref: scu.219448

Sberbank of Russia v Council: ECFI 13 Sep 2018

Restrictive Measures Adopted In View of Russia’S Actions Destabilising The Situation In Ukraine – Judgment
Common foreign and security policy – Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine – Applicant’s name included and retained in the list of entities to which the restrictive measures apply – Error of assessment – Obligation to state reasons – Rights of the defence – Right to effective judicial protection – Right to property – Right to carry on an economic activity

Citations:

T-732/14, [2018] EUECJ T-732/14, ECLI:EU:T:2018:541

Links:

Bailii

Jurisdiction:

European

International, Banking

Updated: 27 April 2022; Ref: scu.622590

Klyuyev v Council: ECFI 11 Jul 2018

Restrictive Measures Taken In View of The Situation In Ukraine – Freezing of Funds – List of Persons – Judgment – Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Retention of the applicant’s name on the list – Legal basis – Manifest error of assessment – Rights of defence – Right to effective judicial protection – Right to property – Right to reputation – Plea of illegality

Citations:

ECLI:EU:T:2018:433, T-240/16, [2018] EUECJ T-240/16

Links:

Bailii

Jurisdiction:

European

Banking, International

Updated: 25 April 2022; Ref: scu.620026

Mahamdia v People’s Democratic Republic of Algeria (Judicial Cooperation In Civil Matters): ECJ 19 Jul 2012

Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Jurisdiction over individual contracts of employment – Contract with an embassy of a third State – Immunity of the employing State – Concept of branch, agency or other establishment within the meaning of Article 18(2) – Compatibility with Article 21 of an agreement conferring jurisdiction on the courts of the third State

Citations:

[2012] EUECJ C-154/11, [2013] ICR 1, [2012] ILPr 41, [2013] CEC 452, [2012] WLR(D) 218, [2014] All ER (EC) 96, ECLI:EU:C:2012:491, C-154/11

Links:

Bailii, WLRD

Jurisdiction:

European

Citing:

OpinionMahamdia v People’s Democratic Republic of Algeria (Judicial Cooperation In Civil Matters) ECJ 24-May-2012
Judicial cooperation in civil matters – Jurisdiction – State immunity from jurisdiction – Jurisdiction over individual contracts of employment – Dispute concerning the validity of the dismissal of the applicant who had been employed as a driver in a . .
Lists of cited by and citing cases may be incomplete.

Employment, International

Updated: 22 April 2022; Ref: scu.616744

Azarov v Council: ECFI 26 Apr 2018

Judgment – Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of persons, entities and bodies to which the freezing of funds and economic resources applies – Maintenance of the name of the applicant on the list – Rights of the defense – Principle of good administration – Misuse of powers – Right of property – Right to freedom of enterprise – Manifest error of assessment

Citations:

ECLI:EU:T:2018:232, [2018] EUECJ T-190/16

Links:

Bailii

Jurisdiction:

European

International

Updated: 14 April 2022; Ref: scu.609299