Petrobas securities class action. Applicable law update: Dutch court holds...
Thank you Matthias Lehmann for flagging and reviewing the Rotterdam Court’s judgment late in January on applicable law in the Petrobas case. I had earlier reviewed the jurisdictional issues,...
View ArticlePandya v Intersalonika. Plenty of (appealable?) things to chew on re...
Many thanks 2TG for initially flagging the judgment, and for Maura McIntosh and colleagues not just for further reviewing it but also for sending me copy: for the case has not yet appeared on the usual...
View ArticleCyberinsults over patents, unfair competition and jurisdiction. The Paris...
In Manitou v J.C. Bamford Excavators, (defendant is better known as ‘JCB’ which in England is an eponym for ‘digger’ or excavator) the Paris Court of Appeal held that French Courts have jurisdiction in...
View ArticleAre proclamations of lois de police an absolute prerogative of the Member...
Thank you Ennio Piovesani for signalling and reviewing one of the first conflicts-specific developments on the Corona /Covid 19 landscape. In an effort to safeguard the economic position of the travel...
View ArticleBrexit in transit. Bournemouth, Christchurch and Poole Council v KC et al....
In Bournemouth, Christchurch and Poole Council v KC et al [2020] EWFC 20, Dancey J at 62 ff is the first UK judge to my knowledge to discuss the implications of the UK’s separation from the EU’s civil...
View ArticleCJEU confirms Saugmandsgaard ØE in Libuše Králová v Primera Air Scandinavia:...
The CJEU last week confirmed Saugmandsgaard ØE AG’s Opinion in C-215/18 Libuše Králová v Primera Air Scandinavia. In a package of services acquired from a travel agent, where there is no direct...
View ArticleLamesa Investments v Cynergy. Rome I-like ‘mandatory law’ provisions applied...
A long overdue post I fear (I hope in the next week and a half or so to turn to draft posts which for all sorts of reasons have gotten stuck in the queue, finally to be published) on Lamesa Investments...
View ArticleAspen Underwriting: The Supreme Court overrules on the issue of economically...
I wrote earlier on the judgments at the High Court and the Court of Appeal in Aspen Underwriting v Kairos Shipping. The Supreme Court held yesterday and largely upheld the lower courts’ decisions,...
View ArticleWallis v Air Tanzania. A good reminder of the (soon to be resurrected) UK...
In Wallis Trading Inc v Air Tanzania Company Ltd & Anor [2020] EWHC 339 (Comm), at stake is a claim by Wallis Trading, a Liberian company which carried on the business of acquiring and leasing...
View ArticleSupreme v Shape: Advocate General ØE on Brussels Ia’s scope of application...
Many thanks again María Barral for continuing her updates on C-186/19 Supreme v Shape; see her summary of Thursday’s opinion of the AG below. I just wanted to add two things. Firstly, the AG’s...
View ArticleSánchez-Bordona AG in Volkswagen. The locus damni engine is clearly revving....
Sánchez-Bordona AG issued his opinion in C‑343/19 Verein für Konsumenteninformation v Volkswagen last Thursday. He relies heavily of course on CJEU authority almost all of which is reviewed on the blog...
View ArticleIslandsbanki v Stanford. The finer mechanics of Lugano Convention recognition...
In Islandsbanki & Ors v Stanford [2020] EWCA Civ 480, upon appeal from Fancourt J in [2019] EWHC 1818 (Ch), Asplin LJ discussed whether purported execution of a foreign judgment registered in the...
View ArticleLecta paper. Scheme of arrangements in the Brexit transition period, and the...
In Lecta Paper [2020] EWHC 382 (Ch), Trower J picks up where Zacarolii J left off in [2019] EWHC 3615 (Ch) (which I briefly flagged in my post here and which is referred to in current judgment 12) and...
View ArticleUnilateral aka asymmetric jurisdiction and the Hungarian Supreme Court.
Many thanks, Dr Richard Schmidt for signalling and reviewing the recent Hungarian Supreme Court judgment (in Hungarian) discussing unilateral aka asymmetric aka hybrid choice of court. I do not have...
View ArticleTerre Neuve v Yewdale. A Lugano /Brussels I jurisdictional fest.
In Terre Neuve SARL & Ors v Yewdale Ltd & Ors [2020] EWHC 772 (Comm), Bryan J entertains almost the entire jurisdictional chapter of the Handbook. The proceedings are concerned with the alleged...
View ArticleThe governing law of privilege. The Dutch courts in re Shell.
This item has been in the queue a long time – apologies. Thank you Marco Vogels for reporting end of 2019 on the Rotterdam court’s approach re privilege in ECLI:NL:RBROT:2019:7856, a criminal...
View ArticleRoberts: lois de police (overriding mandatory law) in tort under English...
A late post (I am slowly trying to mop up my back issues; none of them thankfully going back quite as far as this one) on Roberts v The Soldiers, Sailors, Airmen And Families Association & Anor...
View ArticleDisciplining forum and process shopping. Mostyn J in I and L.
A quick note on [2020] EWHC 893 (Fam) I and L (children), in which Mostyn J berates and effectively disciplines a father’s abuse forum and process shopping. At 11: ‘I pause at this point to reflect on...
View ArticleLydian international. The Jersey courts on universalism and cross-border...
In Representation of Lydian international Limited [2020] JRC 049 MacRae DB refers to universality in insolvency proceedings only once, namely where he refers to authority at 20. Yet his approach in...
View ArticleJurisdiction for trademark infringement and passing off. Easygroup v Easyfly...
In [2020] EWHC 40 (Ch) Easygroup v Easyfly and ATR Aircraft the issue is the jurisdiction of the English court to hear claims of trade mark infringement, passing off and conspiracy against a Colombian...
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