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Jurisdiction in copyright infringement with the involvement of the internet –...
I reported earlier on the AG’s Opinion in Pinckney. The ECJ held this morning. The questions were held admissible (see my fear that the Court might side with the AG’s suggestion of the opposite). Pro...
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Choice of court and choice of law on the web – Due diligence required....
The Brussels Court of Appeal held in A v P on 25 March 2013, on a choice of court agreement included on the internet. Its judgment should be a reminder of the need to take care of the design and...
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The Irish High Court in Harley Medical Group: Textbook application of COMI...
In Harley Medical Group, the Irish High Court has made a textbook application of the determination of jurisdiction under the EU’s Insolvency Regulation. The Court held in May, the case has only now...
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Unamar: Better get those travaux préparatoires out. The ECJ does not rule out...
I reported earlier on the AG’s Opinion in Unamar, Case C-184/12. The Court held this morning. The facts of the case were as follows: in 2005, Unamar, as commercial agent, and NMB, as principal,...
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Prove it if you can? E-commerce and jurisdiction: the ECJ further completes...
As tweeted last week, the Court of Justice has clarified the scope of the consumer title of the Brussels-I Regulation in Case C-218/12 Emrek. In Spicheren, a town close to the German border, Mr...
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Fraus omnia corrumpit or accidental oversight? New South Wales Supreme Court...
Fraus omnia corrumpit (fraud corrupts all) is not easily applied in conflict of laws. Both forum shopping and choice of law ought not prima facie to be regarded with much suspicion, especially in a...
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Anti-suit injunctions and the Insolvency Regulation – The High Court (and the...
At least until late 2008, Mr Kemsley was a very wealthy individual. On 25 June 2008, Barclays granted him a personal loan of £5 million on an unsecured basis. The loan was repayable after a year but...
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Ceci n’est pas une base Ryanair – The court in Charleroi on ‘place where the...
The title of this piece is taken from a press release by CNE, the trade union who represented plaintiff – and who provided me with a copy of the judgment for which many thanks. Where does an employee...
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Ça alors! French evidence, the evidence Regulation and UK courts: The High...
In National Grid Electricity Transmission, the UK High Court correctly confirmed the Evidence Regulation as being subsidiary only. The European Commission had found 20 companies to have been engaged in...
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Qualification, lex fori and adoption from Morocco. Belgian court sinks the...
In March 2013 (only brought to media attention recently), the Court of Appeal at Gent reversed a decision by a lower court which had granted an adoption ‘light’ of a Moroccan child by a Belgian couple....
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Do single internet transactions lead to multiple jurisdictions for consumer...
In Case C-478/12 Maletic, plaintiffs (the Maletics) are domiciled in Bludesch (Austria), which lies within the jurisdiction of the Bezirksgericht Bludenz (District Court, Bludenz, Austria). They had...
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The Supreme Court considers ‘sharp practice’ vs torpedoes in The Alexandros
In the case of the Alexandros T, the UK Supreme Court had to consider the impact on UK proceedings, opened in response to proceedings in Greece, in a dispute in which the insurers of the ship were...
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An end to libel tourism in the UK? The High Court in Subotic and Karpov....
Two interesting cases in the High Court on libel tourism, Subotic and Karpov (both held 14 October 2013). The relevance to English libel law is set out by Robert Renfree and by Paul Dacam. Here I just...
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The Supreme Court on "prohibitively expensive" costs: Aarhus again
Reblogged from UK Human Rights Blog: R (Edwards & Pallikaropoulos) v. Environment Agency et al, Supreme Court, 11 December 2013 read judgment This is the last gasp in the saga on whether Mrs...
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Unamar: Better get those travaux préparatoires out. The ECJ does not rule out...
I reported earlier on the AG’s Opinion in Unamar, Case C-184/12. The Court held this morning. The facts of the case were as follows: in 2005, Unamar, as commercial agent, and NMB, as principal,...
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Exclusive court of choice clause counts against use of court’s room under...
In a case on this point reminiscent of the Supreme Court’s subsequent decision in the Alexandros, the High Court held in Nomura v Banco Monte dei Paschi di Siena (BMPS) against a grant of a stay of the...
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Irreconcilable judgments of the same State of Origin – The ECJ in Salzgitter...
Case C-157/12 Salzgitter Mannesmann, concerned proceedings between Salzgitter Mannesmann Handel GmbH (‘Salzgitter’) and SC Laminorul SA (‘Laminorul’) concerning an application for a declaration of...
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Place of habitual employment and the alternative findings of corporate...
In David Powell v OMV Exploration and production limited, the Employment Appeal Tribunal ruled on the (absence of) jurisdiction for UK courts in the case of a UK domiciled employee, employed originally...
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It’s not the grammar, stupid! The High Court in Anchorage on exclusive (or...
In Anchorage (BNP Paribas v Anchorage Capital Europe et al). a bank and a hedge fund are at odds as to whether a handful of instant message communications resulted in a binding contract or contracts...
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Christmas Crums part I – The ECJ holds on ‘contracts’ in Corman Collins
One or two interesting developments have been held up in my end of year queue. I shall report on them over the next week and a half or so. First up: judgment of the ECJ in Corman-Collins Case 9/12 – I...
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