Akhter v Khan. Nikah (Islamic Marriage) in the Court of Appeal, reversing...
[2020] EWCA Civ 122 deals upon appeal with the judgment of Williams J in [2018] EWFC 54 Akhter v Khan which I reviewed at the time here – readers may want to read that post before considering current...
View ArticleThe Prestige recognition tussle puts the spotlights on (now) Article 45...
Spain v The London Steam-Ship Owners’ Mutual Insurance Association Ltd [2020] EWHC 142 (Comm) reports on the CMR (case management conference) re what promises to be interesting litigation. A Spanish...
View ArticleFollow-on cartel damages suits and statutes of limitation. No conflicts...
A quick note on Granville Technology & Ors v Infineon Technologies AG & Anor [2020] EWHC 415 (Comm) which concerns proceedings brought by three companies who were engaged in the assembly and...
View ArticleStrategic Technologies v Taiwan MOD (formally Procurement Bureau of the...
In Strategic Technologies v Procurement Bureau of the Republic of China Ministry of National Defence [2020] EWHC 362 (QB), Carr J i.a. set aside a November 2016 order by Supperstone J granting a...
View ArticleEnforcement of unfair trading practices and ‘civil and commercial’. Szpunar...
Advocate-General Szpunar in his Opinion in C-73/19 Belgische Staat v Movic BV et al refers in footnote to the comment made by Yours Truly (much humbled) on p.38 of the Handbook, that the seminal...
View ArticleProvince of Balochistan v Tethyan promises to highlight multilevel regulation...
Province of Balochistan v Tethyan Copper Company [2020] EWHC 938 (Comm) concerns mostly a challenge to an arbitration tribunal ruling for reasons beyond the interest of the blog. In the underlying ICC...
View ArticleAnti-suit and arbitration. Court of Appeal overturns in Enka v OOO “Insurance...
The Court of Appeal in [2020] EWCA Civ 574 Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubb” & Ors has overturned Baker J in [2019] EWHC 3568 (Comm) Enka Insaat ve Sanayi v OOO “Insurance...
View ArticleThe lex causae for transfer of title in movable property. A gem of an award...
I am most grateful to Hans Baron van Houtte, my predecessor in the conflicts chair at Leuven, for alerting me to the partial award of the Iran-US claims tribunal of 10 March last (case No. A15 (II:A))....
View ArticleSzpunar AG in Novo Banco: COMI (in insolvency) for natural persons, not...
I sincerely continue to be humbled when cited by Advocates-General at the CJEU. Even more so therefore when it happens twice (see also Movic) in one week. In his Opinion in C-253/19 Szpunar AG refers...
View ArticleImpromptu Admiralty forum necessitatis in Trafigura v Clearlake.
In [2020] EWHC 995 (Comm) Trafigura v Clearlake, Teare J essentially has created a forum necessitatis rule in admiralty, to accomodate the slower availability of the Singapore courts due to Covid19. At...
View ArticleSCOR v Barclays. High Court dismisses application for stay on the basis of...
In SCOR SE v Barclays [2020] EWHC 133 (Comm), claimant SCOR is a reinsurance company incorporated in France. Covéa, a shareholder of SCOR, made an unsolicited offer to acquire a controlling...
View ArticleMastermelt v Siegfried Evionnaz highlights the continuing torpedo under...
In Mastermelt v Siegfried Evionnaz [2020] EWHC 927 (QB), at issue is negative declaratory relief on contractual performance. Claimant Mastermelt is an English company specialising in the reclamation...
View ArticleFletcher v Estee Lauder and Clinique. New York judge rejects forum non...
Personal injury cases never make for light reading and Fletcher v Estee Lauder and Clinique is not an exception to that rule. Mrs Fletcher, aged 45, claims that her lifelong use of the Estee Lauder...
View ArticleInghams v Hannigan.Complex ADR arrangements land parties into a right...
A quick note on (thank you, Michael Douglas, for flagging) [2020] NSWCA 82 Inghams v Hannigan, in which the New South Wales Court of Appeal had to untangle a messy alternative dispute resolution (ADR)...
View ArticleA reminder: Austrian courts apply CJEU Eva Glawischnig-Piesczek v Facebook...
I had already reported in March on the first application of the CJEU C-18/18 Eva Glawischnig-Piesczek v Facebook ruling in an update to my post on the latter. I thought I’ld add a separate post on the...
View ArticleRoberts bis (or rather, ter): undue hardship as part of ordre public.
The extensive ruling by Foster J in Roberts (a minor) v Soldiers, Sailors, Airmen and Families Association & Ors [2020] EWHC 994 (QB) is clearly related to Soole J’s 2019 ruling which I reviewed...
View ArticleSAS Institute v World Programming. A complicated enforcement saga continues.
I reported earlier on complex enforcement issues concerning SAS Institute v World Programming. In [2020] EWCA Civ 599 SAS Institute Inc v World Programming Ltd Flaux J gives an overview of the various...
View ArticleMB, Services Ltd and Golovina v Rusal. Forum non and Spiliada in Jersey. Stay...
A quick note on MB and Services Limited and Golovina v United Company Rusal Plc [2020] JRC034 in which Birt C rejected an application for a stay on forum non conveniens grounds. He applied Spiliada of...
View ArticleOur scoping study on a principle of ‘essential use’ in international and...
Update 15 May 2020 see the ECHA consultation on PFAS regulation launched this very week. With Kathleen Garnett I have co-authored a paper where we scope the ‘essential uses’ approach to product...
View ArticleShips classification and certification agencies. The CJEU (again) on ‘civil...
I earlier reviewed Szpunar AG’s Opinion in C‑641/18 Rina, on which the Court held on 7 May, confirming the AG’s view. Yannick Morath has extensive analysis here and I am happy to refer. Yannick...
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