Heiploeg: Transfer of undertakings, employee protection and pre-packs. The...
I am no expert in all things insolvency and restructuring. I have an interest in it because of the conflict of laws issues (see the Insolvency Regulation) and the relationship with Brussels Ia. I am...
View ArticleHong Ziyun v Chan Kwan Ming. A reminder of the one-stop shop principle in...
In Hong Ziyun v Chan Kwan Ming [2019] HKCFI 2125, Chan J at the end of August summed up the Hong Kong approach (as it is that of the common law) to consolidation of jurisdiction at 31: ‘the approach of...
View ArticleThe French Supreme Court on fraus (abuse) and international adoptions.
Thank you Pailler Ludovic for signalling the French Supreme Court’s judgment in 18-24.261 A and X v et al B and Y et al. The Court annulled the Court of Appeal’s (Versailles) decision which had...
View ArticleLenkor Energy: Textbook application of the (common law of) recognition and...
In [2020] EWHC 75 (QB) Lenkor Energy Trading v Irfan Iqbal Puri, Davison M rejected the ordre public arguments made by claimant against recognition of a money judgment of the Dubai First Instance...
View ArticleForum shopping and personal insolvency. The High Court (briefly) in Wilson...
[2020] EWHC 98 (Ch) Wilson and Maloney (bankruptcy trustees of Michael McNamara), concerns mostly Article 49 TFEU (freedom of establishment) and Article 24(1) of the Citizens’ Rights Directive 2004/38...
View ArticleGDE v Anglia Autoflow. Governing law for agency agreements under the Rome...
In GDE LLC & Anor v Anglia Autoflow Ltd [2020] EWHC 105 (Comm) (31) the Rome I Regulation does not apply ratione temporis; the Agency Agreement was concluded on about 9 April 2009 which is a few...
View ArticleHigh Court confirms refusal to sue Google in the UK for its (alleged)...
I have earlier reviewed the decision of Chief Master Marsh in [2018] EWHC 550 (Ch) Wheat v Alphabet /Google Inc and Monaco Telecom. In Wheat v Google LLC [2020] EWHC 27 (Ch), this decision was...
View ArticleA quick (jurisdictional) note on the Cobalt supply chain litigation.
News broke a few weeks back on the class action suit introduced in the USDC for the District of Columbia, against Apple, Dell, Microsoft and Tesla. Swiss-based Glencore (of Mark Rich fame) and...
View ArticleHutchinson v MAPFRE and Ice Mountain (Obeach) Ibiza. Spotlight on the...
Jonathan Hutchinson v MAPFRE and Ice Mountain (OBeach) Ibiza [2020] EWHC 178 (QB) like all cases involving serious accidents, cannot be written about without the greatest sympathy for claimants having...
View ArticleNN v Barrick Tz Limited (Acacia) in the English courts. Another CSR...
I have for the moment little to go on in a new claim, launched in the English courts, in the Corporate Social Responsibility /mass torts category. The claim was apparently filed against Barrick Tz...
View ArticleApplicable law and arbitration. Sulamerica extensively discussed in Kabab-Ji...
Thank you Filbert Lam for yet again flagging an important case. In [2020] EWCA Civ 6 Kabab-Ji SAL v Kout Food Group Flaux LJ extensively discussed the application of Sulamerica as to the governing law...
View ArticleGray v Hurley. Court of Appeal refers to Luxembourg on anti-suit to support...
Update a few hours after posting. For the New Zealand perspective see Jan Jakob Bornheim’s thread here. I reviewed the High Court’s decision (refusal of anti-suit) in Gray v Hurley here. The Court of...
View ArticleOakfield Foods: Writ of control granted in enforcement of EU order of...
In Oakfield Foods v Zaklad Przemyslu Miesnego Biernacki SP Z O O [2020] EWHC 250 (QB), Kimbell DJ granted a writ of control for £149,100.43 (monies to be paid into court) on the basis of the European...
View ArticleSpin Master Ltd. CJEU supports speed and efficiency over specialisation in...
Thank you Huib Berendschot for alerting me to a CJEU judgment which had escaped me. In C-678/18 Procureur Generaal bij de Hoge Raad der Nederlanden (Re: Spin Master Ltd) at issue is Regulation 6/2002...
View ArticleDeclaration as to marital status: The High Court in MM v NA.
[2020] EWHC 93 (Fam) MM v NA is a great primer for family law conflict of laws. Roberts J discussed formal validity (subject under English PIL to lex loci celebrationis, as is the case in many...
View ArticleDutch Court denies jurisdiction in Chief of the Israeli General Staff case.
The judgment (in first instance; expect appeal) dismissing jurisdiction in Ismail Ziada v Benjamin Gantz is out in Dutch here and in English here. Gilles Cuniberti has reviewed the immunity issues...
View ArticleCanadian Supreme Court gives go ahead for consideration of the CSR issues in...
I have reported earlier on the issues which yesterday led to the decision of the Canadian Supreme Court 2020 SCC 5 Nevsun Resources Ltd. v. Araya, in which the Supreme Court was asked whether there...
View ArticleKalma v African Minerals. Court of Appeal confirms absence of vicarious...
https://www.bailii.org/ew/cases/EWCA/Civ/2020/144.pdf I reviewed [2018] EWHC 3506 (QB) Kalma v African Minerals et al in an earlier post. It essentially entails vicarious liability of UK-incorporated...
View ArticleParentnapping by children of their vulnerable father: The High Court in QD on...
IN [2019] EWCOP 56 QD, Cobb J in the Court of Protection applied the Hague Convention on the International Protection of Adults to a removal from Spain by the children of his first marriage, of an...
View ArticleJalla and others v Shell. High Court upholds mother holding jurisdiction, no...
England remains a jurisdiction of choice for corporate social responsibility /CSR litigation, in recent parlour often referred to as corporate (human and other rights due diligence. Jalla & Ors v...
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