Suing the EU in The Netherlands. Stichting Human Rights for Eritreans v the...
Update 19 MAy 2020Hat off to Graf von Luxembourg for referring us to a recent discussion on the increasing use of Dutch Courts for public interest litigation. Many thanks Russell Hopkins for alerting...
View ArticleBao v Qu; Tian (No 2). A reminder of the principles of enforcement and the...
Update 20 MAy 2020 see in the meantime also review by Jie (Jeanne) Huang, here. Thank you Michael Douglas for alerting me to Bao v Qu; Tian (No 2) [2020] NSWSC 588 at the Supreme Court of New South...
View ArticleAB v EM. Recognising Sharia decisions in England.
AB v EM [2020] EWHC 549 (Fam) concerns for a large part the application of Brussels IIa’s traditional jurisdictional rules (habitual residence etc.) and I shall not comment on those. Of interest to the...
View ArticleGFH Capital v Haigh. Enforcement of DIFC judgment puts spotlight on...
DIFC Courts, the Dubai International Financial Centre’s Courts, is one of the new generation of international commercial courts. Its rulings piggyback unto recognition and enforcement treaties which...
View ArticleChoice of court and lis alibi pendens in Generali Italia v Pelagic Fisheries....
In Generali Italia & Ors v Pelagic Fisheries & Anor [2020] EWHC 1228 (Comm) the claimants-insurers commenced proceedings seeking declarations that they are not liable to the Insureds. Pelagic...
View ArticleLocal authority B v X: Brussels IIa and (Northern) Cypriot territory.
I currently have a practice interest in all things Cypriot territory hence Local Authority B v X (Mother) & Ors [2020] EWFC 37 caught my eye even more than had it just involved Brussels IIa. The...
View ArticleThe CJEU in Reliantco on’consumers’ and complex financial markets. And again...
C-500/18 AU v Reliantco was held by the CJEU on 2 April, in the early fog of the current pandemic. Reliantco is a company incorporated in Cyprus offering financial products and services through an...
View ArticleFrom the archives: the professor Arnaud Nuyts study on residual jurisdiction.
This is a short post for archival purposes: I have been looking in vain in the past few weeks for a copy of prof Nuyts’ 2007 study for the European Commission on ‘residual jurisdiction’ (Review of the...
View ArticleAwendale v Pyxis. More Article 29 lis alibi pendens, with focus on ‘same...
Awendale Resources v Pyxis Capital Management [2020] EWHC 1286 (Ch) applies Article 29 Brussels Ia’s lis alibi pendens rule. Awendale is a company incorporated under the law of the Seychelles and Pyxis...
View ArticleNigeria v Shell et al at the High Court. Yet more lis alibi pendens and...
One does not often see Nigeria sue Shell. Federal Republic of Nigeria v Royal Dutch Shell Plc & Anor [2020] EWHC 1315 (Comm) engages Article 29 Brussels Ia’s lis alibi pendens rule in a period in...
View ArticleYelp and Facebook. The German and Dutch courts on reputational damage,...
Thank you Matthias Lehmann for flagging X v Yelp , held 14 January 2020 at the Bundesgerichthof (German federal court) and to Jef Ausloos for drawing our attention to X and Avrotros v Facebook BV and...
View ArticleBitcoin, defamation and jurisdiction. The Court of Appeal confirms stay in...
The background in Wright v Ver [2020] EWCA Civ 672 is the mysterious history of Bitcoin and its creator, ‘Satoashi Nakamoto’. “Satoshi Nakamoto” is the pseudonym used by the person, or persons, who...
View ArticleX v Y. Rectifying divorce orders when an earlier, foreign marriage ought to...
X v Y [2020] EWHC 1116 (Fam) is an uncomplicated case for conflict of laws aficionados. It includes a bit of Vorfrage, a bit of qualification, and a bit of temporal application of Brussels IIa....
View ArticleGtflix Tv. The French Supreme Court queries the CJEU on further specification...
Thank you Helene Peroz for flagging the French Supreme Court on 13 May last referring to the CJEU for clarification of the Bolagsupplysningen case-law. The case concerns Gtflix Tv which I understand is...
View ArticleJefferies v Cantor Fitzgerald. The full monty on forum non, case-management...
Jefferies International Ltd & Anor v Cantor Fitzgerald & Co & Ors [2020] EWHC 1381 (QB) engages everything including the kitchen sink (but excluding Articles 33-34 Brussels Ia, one assumes...
View ArticleDerivatives’ forum shopping aka Gerichtshof Einkaufen. Suing Bayer of Germany...
Many thanks indeed Kevin La Croix for flagging the suit brought in New York by a group of Bayer AG shareholders, against Bayer (with seat at Leverkusen, Germany), concerning the not altogether...
View ArticleMad Atelier v Manes. The High Court on res judicata and issue estoppel.
Mad Atelier International BV v Manes [2020] EWHC 1014 (Comm) engages among others Articles 29-30 BIa on lis alibi pendens and its relation with issue estoppel. Stewart Chirnside has analysis here and...
View ArticleAkkurate: Whether English discovery may act extraterritorially under the EU...
Graham Woloff eaor Calzaturificio Zengarini eaor re Akkurate Ltd, [2020] EWHC 1433 (Ch) concerns the question whether the court has the power under section 236(3) of the Insolvency Act 1986 to require...
View ArticleLa Micro. Nugee J on Gleichlauf in forum non considerations.
In La Micro Group (UK) Ltd & Anor v La Micro Group, Inc & Ors[2020] EWHC 1405 (Ch) 1st Claimant, LA Micro Group (UK) Ltd (“LA (UK)”), is an English company. It was incorporated in 2004 and...
View ArticleState aid and collective waste recycling bodies. Pitruzzella AG in Société...
Must Article 107 TFEU be interpreted as meaning that a system whereby a private, non-profit eco-body, approved by the public authorities, receives contributions from those who place on the market a...
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