W v L. Brussels IIa and forum non conveniens ex-EU.
When I reported [2019] EWHC 466 (Fam) V v M, I suggested that forum non considerations there, moot given that eventually jurisdiction of the English courts was upheld, would resurface in further cases....
View ArticleED&F Man Capital Markets v Come Harvest Holding et al. First application of...
In [2019] EWHC 1661 (Comm) ED&F Man Capital Markets v Come Harvest Holding et al claimant, MCM, entered into a Master Commodities Sale and Purchase Agreements with two Hong Kong companies, Come...
View ArticlePolitus BV. The Nyrstar (Belgium) scheme of arrangement’s jurisdictional...
The Nyrstar business was created on 31 August 2007 by combining the zinc and lead smelting and alloying operations of Zinifex Limited and Umicore NV/SA. Nyrstar is a global multi-metals business, with...
View ArticleKoza v Akcil: The UK Supreme Court does not follow Court of Appeal on...
I reviewed [2017] EWCA Civ 1609 Koza v Akcil in my post here. The case concerns the application of Article 24(2) of the Brussels I Recast Regulation, which assigns exclusive jurisdiction to the Courts...
View ArticleDinant Bar v maître JN. Bar membership fees. Saugmansdgaard ØE on whether...
In C-421/18 Saugmansdgaard ØE opined (Opinion a yet available in a handful of languages only, not including English) on the issue of ‘civil and commercial’ (last reviewed by the Court in Buak) and...
View ArticleTibor v DAF: CJEU confirms markets affected by cartel as locus damni for...
In C-451/18 Tibor v DAF Trucks the CJEU has confirmed its CDC case-law on locus damni for end-users affected by a cartel. Truck distribution arrangements were such that Tibor (of Hungary) could not buy...
View ArticleR v P: Szpunar AG confirms the absence of a general forum non conveniens rule...
Szpunar AG Opined in C-468/18 R v P that in the absence of formal provisions to that effect, the Maintenance Regulation 4/2009 cannot be interpreted to include a forum non conveniens rule. The...
View ArticleSzpunar AG on ‘authentic instrument’ in the European account preservation...
Like quite a few of the Opinions and Judgment in my recent blog posts, Szpunar AG’s recent Opinion in C-555/18 KHK v BAC (*mutters his usual rant on the idiocy of the parties’ anonimisation rule*) was...
View ArticleSupreme v Shape: Lifting attachments (‘garnishments’) on assets of...
Many thanks Sofja Goldstein for alerting me a while back to the Hoge Raad’s decision to refer to the CJEU and what is now known to be Case C-186/19. The case concerns SHAPE’s appeal to a Dutch Court to...
View ArticleCJEU confirms ‘targeting’ as a jurisdictional trigger for EU trademark...
The CJEU today has held in C‑172/18 AMS Neve, confirming Szpunar AG’s Opinion which I briefly reviewed earlier. Eleonora Rosati has excellent analysis here and I am happy to refer entirely. As I note...
View ArticleSalvoni v Fiermonte. CJEU confirms quasi-notarial nature of Brussels Ia’s...
I reviewed Bobek AG Opinion in Case C-347/18 Salvoni v Fiermonte earlier. The referring court enquires whether the court of origin tasked with issuing the Article 53 Certificate (issued with a view to...
View ArticlePrinciples, principles everywhere. First test of the ‘energy solidarity’...
As I continue to dabble in research and talks about the innovation ‘principle’ (not in existence), and find myself in court (an attachment procedure following judgment in Israel) discussing the common...
View ArticleWeco Projects ASP v Zea Marine Carier GmbH: Court-appointed surveyor’s powers...
Genova’s court ruling in Weco Projects ASP v Zea MArine Carier GmbH is remarkably similar to the Belo Horizonte (Cefetra et al v Ms ‘IDA’ Oetker Schiffahrtsgesellschaft MbH & Co KG et al) ruling at...
View ArticleSaugmandsgaard ØE on Rome I’s lex societatis exception applied to trusts...
Advocate General Saugmandsgaard ØE in C-272/18 Verein für Konsumenteninformation v TVP Treuhand opined early September (I have been busy) that the Rome Convention’s and Rome I’s lex societatis...
View ArticleOffice Depot v Holdham et al. Lis alibi pendens in follow-on cartel damages...
in [2019] EWHC 2115 (Ch) Office Depot BV et al v Holdham SA et al, the High Court in August (I had promised posting soon after the Tweet. That did not quite happen) held on issues of lis alibi pendens...
View ArticleCourt of Justice sees no objection in principle to EU ‘Right to be forgotten’...
Many commentators were wrong-footed on reading Advocate-General Szpunar’s Opinion in C-505/17 Google Inc v Commission nationale de l’informatique et des libertés (CNIL), concerning the territorial...
View ArticleBVC v EWF. The High Court on personality rights, internet and centre of...
in BVC v EWF [2019] EWHC 2506 (QB) claimant applied for summary judgment in a claim for misuse of private information and harassment. The privacy claim arises from internet publication, on a website...
View ArticleSkarb Państwa v Stephan Riel (qq insolvency trustee Alpine Bau).
Salzburg-based Alpine Bau had been carrying out a considerable amount of roadwork engineering for the Polish State. The courts at Vienna started insolvency proceedings in 2013, appointing Mr Riel as...
View ArticleInternational marriages: MP v ML: What happens in Vegas, did not happen at all.
A succinct post on the French Supreme Court judgment 18-19665 MP v ML of 19 September last. Thank you Hélène Péroz for alerting us to the judgment. A French couple, married in 1995, file for divorce in...
View ArticleElena Tsareva et al v Dimitri Ananyev et al. Cypriot passports, forum...
Parties’ names alone in Elena Tsareva et al v Dimitri Ananyev et al [2019] EWHC 2414 (Comm) clearly indicate the attraction of England in international forum shopping. As Baker J notes at 5: ‘I infer...
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