The internet’s not written in pencil, it’s written in ink. Szpunar AG in Eva...
Case C-18/18 Eva Glawischnig-Piesczek v Facebook as I noted in my short first review of the case, revolves around Article 15 of the E-Commerce Directive. Does Article 15 prohibit the imposition on a...
View ArticleBobek AG in Salvoni v Fiermonte. Brussels Ia’s Article 53 certificate and...
Bobek AG Opined early May (excuse posting delay) in Case C-347/18 Salvoni v Fiermonte. The referring court enquires whether the court of origin tasked with issuing the Article 53 Certificate (issued...
View ArticleMerinson v Yukos: Dutch settlement following employment contract. Appeal...
In [2019] EWCA Civ 830 the Court of Appeal has dismissed the appeal against Yukos v Merinson which I reviewed here – review which readers may need to appreciate the judgment. Three issues were...
View ArticleBonnie Lackey v Mallorca Mega Resorts. High Court throws a wide net for...
I have waited a little while to discuss (I had tweeted it earlier) [2019] EWHC 1028 (QB) Bonnie Lackey v Mallorca Mega Resorts. It is a good case for an exam essay question and that is what I used it...
View ArticleBrussels Court of Appeal rejects jurisdiction against Facebook Inc, Facebook...
The Brussels Court of Appeal held early May in a lengthy and scholarly judgment that it sees no ground in either public international law, or European law, for jurisdiction of the Belgian courts...
View ArticleBack to the 80s. Arthur Scargill, submission (voluntary appearance) under...
In [2019] EWHC 1359 (Comm) National Union of Mineworkers v Organisation Internationale de l’energie et des mines defendant is French-domiciled and represented by its chair, Arthur Scargill. That’s...
View ArticlePipia v BGEO: EU-Georgia association agreement is not tantamount to a...
A late flag following my much earlier Tweet on [2019] EWHC 325 (Comm) Pipia v BGEO. Moulder J had to consider, as I put it in the tweet, a combination of conflict of laws and EU external relations law....
View ArticleNew Look: Application of the good old rules for schemes of arrangements, with...
In [2019] EWHC 960 (Ch) New Look Secured Issuer and New Look Ltd, Smith J at H applies the standing rules on jurisdiction over the scheme and other companies which I also signalled in Algeco and Apcoa...
View ArticleTigipko. High Court minded to extend CJEU’s Turner anti-suit prohibition to...
Not all of [2019] EWHC 1579 (Fam) RJ v Tigipko is easily understood. Detail is kept private and proceedings were conducted in camera for evident reasons. The case concerns an earlier order to return a...
View ArticlePercival v Moto Novu. Your tutorial on enforcement of judgments under...
In [2019] EWHC 1391 (QB) Percival v Moto Novu LLC Murray J considers the ins and outs of Article 38 Brussels Ia. The dispute arose out of an aborted property transaction in Italy. Mr Teruzzi and Ms...
View ArticleComparative US /EU jurisdiction material: Mitchell v. DePuy Orthopaedics...
Thank you Stephen McConnell for flagging Mitchell v. DePuy Orthopaedics, Inc., 2019 U.S. Dist. (Missouri) and Alani Golanski for doing the same for KGS v Facebook at the Alabama Supreme Court, Both...
View ArticleThe provisional text of the Hague Judgments Convention.
The representatives at the Diplomatic Conference at the Hague Convention have issued a provisional text of the Convention here. I am short of time to post a quick scan of the Convention – see some of...
View ArticleA quick note on Pitruzzella AG in NMBS v Mbutuku Kanyeba et al.
Just a quick note for completeness’ sake on Pitruzzella AG’s Opinion in Joined cases C-349/18 to C-351/18 NMBS v Mbutuku Kanyeba et al. It engages consumer protection law, not conflict of laws. To...
View ArticleGray v Hurley [2019] EWHC 1636 (QB). Engages big chunks of Brussels Ia and...
Thank you Jan Jakob Bornheim for flagging Gray v Hurley [2019] EWHC 1636 (QB), in which as he puts it, ‘there is a lot going on’. Judgment is best referred to for facts of the case. On 25 March 2019 Mr...
View ArticleReitbauer: contract, pauliana and exclusive jurisdictional rules. CJEU simply...
Update 18 July 2019 for an alternative view, see Michael McParland QC here. Michael’s point of view is that of the construction sector, and avoiding ‘debt dodging’. Ours (mine, below, and Michiel...
View ArticleLIC Telecommunications et al v VTB Capital et al. High Court suggests...
In [2019] EWHC 1747 (Comm) LIC Telecommunications et al v VTB Capital et al Moulder J suggests an unorthodox interpretations of Article 25 of the Brussels Ia Regulation. (Note also her very critical...
View ArticleIdemia. Interrelated contracts (including issues of privity) and choice of...
I was thinking of using [2019] EWHC 946 (Comm) Idemia v Decatur for exam purposes hence beyond an initial Tweet, I am a bit late with reporting. However the judgment consists of 144 paras of pure...
View ArticleArica Victims v Boliden Mineral (Sweden). Lex causae and export of toxic...
I reported earlier on the decision at first instance in Arica Victims v Boliden Mineral. The Court of Appeal has now reversed the finding of Chilean law as lex causae, opting instead for Swedish law....
View ArticleGet thee to Katowice. Sticky issues in the application of the EU’s Succession...
On 12 September 2019, the University of Silesia in Katowice (Poland) will host a conference on Regulation 650/2012 – the Succession Regulation and on the various issues relating to the succession...
View ArticleThe wealth in Paul Holgate v Addleshaw Goddard (Scotland). Intra-UK...
In [2019] EWHC 1793 (Ch) Paul Holgate v Addleshaw Goddard (Scotland) the claim is for damages for breach of contract, negligence and/or breach of fiduciary duty in connection with and arising out of...
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