Google and the jurisdictional reach of the Belgian DPA in right to be...
Thank you Nathalie Smuha for first signalling the €600,000.00 fine which the Belgian Data Protection Authority (DPA) issued on Tuesday against Google Belgium, together with a delisting order of...
View ArticleForum non and infringing copyright in the air: The Performing Rights Society...
Performing Right Society Ltd v Qatar Airways Group QCS [2020] EWHC 1872 (Ch) concerns the infringement or not of copyright via Qatar Airways’ inflight entertainment system known as “Oryx One”. Holding...
View ArticleThe Hungarian Supreme Court on conduct in litigation resulting in implied...
An overdue post on the Hungarian Supreme Court’s judgment 2020.3.72.a, finding an implied choice of law pro Hungarian law, made by a Serbian and Hungarian party to a contract for agency and business...
View ArticleCJEU in Novo Banco: confirms mere presence of a natural person’s core...
When I reviewed Szpunar AG’s opinion, I pointed out that the crux of this case is the determination of ‘centre of main interests’ in the context of natural persons not exercising an independent...
View ArticleAvonwick Holdings. The High Court awkwardly on locus damni, and on ‘more...
In Avonwick Holdings Ltd v Azitio Holdings Ltd & Ors [2020] EWHC 1844 (Comm), Picken J among quite a few other claims, at 146 ff discussed a suggested defrauding by misrepresentation of the best...
View Article‘Like Dassonville on steroids’. Bobek AG in Rheinland on personality v...
In advising on a territorial restriction in an insurance clause earlier this month, I studied the CJEU judgment in C-581/18 Rheinland, important for the (limitations to the) reach of Article 18 TFEU,...
View ArticleYet more on The Prestige recognition tussle. On service, state immunity and...
I have twice already reported on The Prestige recognition issue: see here and here. In a further judgment at the end of July, [2020] EWHC 1920 (Comm), Butcher J after helpfully summarising the various...
View ArticleDutch SC applies Nk v PNB Paribas and determines locus damni for Peeters...
Early July the Dutch Supreme Court followed-up on CJEU C–535/17 NK v BNP Paribas Fortis re the Peeters /Gatzen suit – a judgment I covered here. Roel Verheyden has additional analysis of the SC ruling,...
View ArticleWeco projects: on Yachts lost at sea, anchor jurisdicton (that’s right), lis...
In Weco Projects APS v Piana & Ors [2020] EWHC 2150 (Comm), Hancock J held on a case involving Brussel Ia’s consumer title, including the notion of contract of ‘transport’, Article 25’s choice of...
View ArticleBauer v QBE Insurance. Brussels IA, Rome I and Rome II in Western Australia.
It is not per se unheard of for European conflict of laws developments to be referred to in other jurisdictions. In Bauer v QBE Insurance [2020] WADC 104 however the intensity of reference to CJEU...
View ArticleTraxis: on forum non and burden of proof.
Traxys Europe SA v Sodexmines Nigeria Ltd [2020] EWHC 2195 (Comm) concerns the alleged dishonest substitution by Sodexmines Nigeria Limited in Nigeria in 2018 of a virtually worthless product in place...
View ArticleEast-West logistics: debatable COMI determination in the case of an insolvent...
In East-West Logistics LLP v Melars Group Ltd [2020] EWHC 2090 (Ch), at issue was COMI – Centre of Main Interests determination under Regulation 2015/848 of a trading company incorporated in BVI,...
View ArticleSupreme Sites Services: Immunity of international organisations and ‘civil...
María Barral Martínez and I reviewed Saugmandsgaard Øe’s Opinion in C-186/19 Supreme Site Services v SHAPE here – see also references to earlier postings in that report. The Court held yesterday. The...
View ArticleBank of Baroda v Maniar. The impact of the lex concursus on personal guarantees.
It was a year ago since I started writing up this post – I must have gotten distracted, for I continue to find the issues both relevant and interesting. In Bank of Baroda v Maniar & Anor [2019]...
View ArticleStephenson Harwood v MPV (and Kagan). On interpleader (‘stakeholder’) actions...
In Stephenson Harwood LLP v Medien Patentverwaltung AG & Ors [2020] EWHC 1889 (Ch), proceedings were triggered by funding arrangements and alleged success fee entitlements following patent...
View ArticleKoksokhimtrans v Cool Consulting. The Dutch SC on E-mail proof and dispute...
An interesting exchange with fellow practitioners on Twitter yesterday reminded me of this post which I have had in the draft folder since some time in June. Back in February, the Dutch SC confirmed...
View ArticleWikingerhof v Booking.com. Saugmandsgaard AG on the qualification in contract...
Saugmandsgaard AG opined yesterday in C-59/19 Wikingerhof v Booking.com (no English version of the Opinion at the time of writing). At issue is whether allegations of abuse of dominant position create...
View ArticleBNP Paribas: The impact of earlier jurisdictional findings on res judicata...
I reported earlier on the jurisdictional issues in BNP Paribas SA v Trattamento Rifiuti Metropolitani SPA [2020] EWHC 2436 (Comm) . In current judgment the issue of interest to the blog is the...
View ArticleMarriott v Fresson. A finding on exclusive jurisdiction distinguishing Ferrexpo.
In Marriott v Fresson & Ors [2020] EWHC 2515 (Comm) at issue in the jurisdictional challenge is whether Articles 24(2) or (3) Brussels Ia are engaged in litigation essentially seeking to uphold...
View ArticleRestructuring tourism and Virgin Atlantic. The first application of England’s...
I flagged [2020] EWHC 2191 (Ch) Virgin Atlantic (the plan in the meantime has been sanctioned in [2020] EWHC 2376 (Ch)) in an update of my earlier post on the Colouroz Investment Scheme of Arrangement....
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