Steady now. Eva Glawischnig-Piesczek v Facebook. The CJEU on jurisdiction and...
My interest in C-18/18 Eva Glawischnig-Piesczek v Facebook as I noted in my short first review of the case, concerns mostly the territorial reach of any measures taken by data protection authorities...
View ArticleLloyd v Google. Court of Appeal overturns High Court, establishes...
I reported earlier on Lloyd v Google at the High Court. The case involves Google’s alleged unlawful and clandestine tracking of iPhone users in 2011 and 2012 without their consent through the use of...
View ArticleWigmans v AMP. Abuse of process and multiplicity of proceedings.
[2019] NSWCA 243 Wigmans v AMP concerns the challenging application of fraus /abuse / vexatious and oppressive proceedings principles to multiplicity of proceedings. Fraus or abuse is not easily...
View ArticleBNP Paribas v TeamBank: the CJEU on third-party effects of an assignment of a...
In C-548/18 BNP Paribas v TeamBank, the CJEU held on the issue whether the Rome I Regulation can be interpreted as determining the applicable law with regard to the third-party effects of an assignment...
View ArticleAMP Advisory v Force India Formula One Team. Formation of contract under...
In [2019] EWHC 2426 (Comm) AMP Advisory & Management Partners AG v Force India Formula One Team Ltd (in liquidation), Moulder J leads a most complete and interesting analysis of the formation or...
View ArticleSadik v Sadik. Domicile, libel tourism and the absence of party autonomy in...
In [2019] EWHC 2717 (QB) Sadik v Sadik, the claim is one in libel. Claimant is a businessman and philanthropist who lives in Dubai and spends 30 to 35 days in London each year. Claimant and Defendant...
View ArticleSterling v Rand. The High Court emphasises the implications for arbitral...
[2019] EWHC 2560 (Ch) Sterling v Rand concerns not so much the relationship between a Beth Din (a Jewish court) and the courts in ordinary, rather the implications for a Beth Din arbitral tribunal’s...
View ArticleAli v Rodrigues: Divorce (decree) forum shopping and the impact on (EU)...
In [2019] EWHC 2776 (Fam) Ali v Rodrigues, claimant appreciated that the date of petition to divorce and date of and English respectively Scottish decrees are highly important to the husband’s...
View ArticleIn defence of litigating civil claims in England: a primer by Judge Matthews...
This is a case with no immediate conflict of laws interests (jurisdiction for instance was not disputed), other than a helpful summary by Matthews J on the overall conduct of proceedings in civil law...
View ArticleVEB v BP: locating purely financial damages in cross-border securities class...
Thank you AKD for flagging the Dutch Hoge Raad (Supreme Court) reference to the CJEU in what at the Court is now known as case C-709/19 Vereniging van Effectenbezitters (VEB) v BP. The Hoge Raad’s...
View ArticleSwamdi Ramdev v Facebook, Google, Youtube et al at the Delhi High Court:...
‘The race between technology and the law could be termed as a hare and tortoise race – As technology gallops, the law tries to keep pace.’ (see further below). Thank you Daphne Keller for flagging CS...
View ArticleSaugmandsgaard ØE in Libuše Králová v Primera Air Scandinavia: the Feniks...
In C-215/18 Libuše Králová v Primera Air Scandinavia, Saugmandsgaard ØE AG now unsurprisingly (following the CJEU predecent of Feniks and Flightright), advised that in a package of services acquired...
View ArticlePrivatBank v Kolomoisky and Boholiubov. The Court of Appeal reverses the High...
The Court of Appeal in [2019] EWCA Civ 1708 has reversed [2018] EWHC 3308 (Ch) PrivatBank v Kolomoisky and Boholiubov et al which I reviewed here. When I tweeted the outcome on the day of release I...
View ArticleNMBS v Mbutuku Kanyeba et al. A very relaxed CJEU on the notion of ‘contract’...
To scholars of private international law, the CJEU judgment last week in Joined cases C-349/18 to C-351/18 NMBS v Mbutuku Kanyeba et al might seem like ending us up in a parallel universe, where unlike...
View ArticleAir transport. The CJEU in Adriano Guaitoli v Easyjet. The not always clear...
C-213/18 Adriano Guaitoli et al v Easyjet concerns the clearly complex relationship between the Brussels Ia jurisdictional regime, the 1999 Montreal Convention for the Unification of Certain Rules for...
View ArticleHiscox v Weyerhaeuser. The High Court is not easily impressed by pending...
A quick note on Hiscox v Weyerhaeuser [2019] EWHC 2671 (Comm), in which Knowles J was asked to continue an anti-suit injunction restraining Weyerhaeuser from continuing proceedings in the US courts and...
View ArticleFasten your seatbelts. Etihad v Air Berlin puts limits of EU law in applying...
[2019] EWHC 3107 (Comm) Etihad v Air Berlin (officially: Etihad Airways v Prof Dr Lucas Flöther, who is the insolvency practitioner for Air Berlin) raises the issues of whether the relevant dispute...
View ArticleP v P: Transgender application for declaration of valid Marriage.
[2019] EWHC 3105 (Fam) P v P is a case which does not have private international law implications – and I am not a family law expert. I simply flag the issues briefly for transgender family law issues...
View ArticleClearlake Shipping: anti-suit to support choice of court alive and well...
In Clearlake Shipping Pte Ltd v Xiang Da Marine Pte Ltd [2019] EWHC 2284 (Comm) Andrew Burrows QC essentially halted an attempt by Xiang Da Marine to construct third party proceedings in Singapore so...
View ArticleSabbagh v Khoury. The jurisdictional gift that keeps on giving. In today’s...
Sabbagh v Khoury [2019] EWHC 3004 (Comm) evidently builds upon the High Court and Court of Appeal previous judgments. Pro memoria: claimant established jurisdiction against all the defendants she...
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