Hebei Huaneng v Deming Shi_B. New Zealand High Court on the notion of...
Thank you Jan Jakob Bornheim for alerting me to Hebei Huaneng v Deming Shi_B [2020] NZHC 2992, which dismissed the defendant’s application for summary judgment and discusses the notion of a ‘court’ ,...
View ArticleGroundhog day, but with Unicorns. Bobek AG in Obala v NLB i.a. on ‘civil and...
Probably precisely because it would have been obvious, Bobek AG did not refer in the opening lines of his Opinion in C-307/19 Obala v NLB to Groundhog Day, which, following Pula Parking, this case...
View ArticleJK Fabrications. Unbolted choice of court in GTCs simply cannot lead to...
JK Fabrications Ltd v Fastfix Ltd & Anor [2020] NIQB 63 is a good illustration of how not to draft choice of court (and governing law, in fact) provisions generally, let alone in general terms and...
View ArticleTate v Allianz. Action en cas d’aggravation held to be a new claim, blocking...
In Tate v Allianz IARD SA (A Company Incorporated Under the Laws of France) [2020] EWHC 3227 (QB) the E&W courts undoubtedly have jurisdiction on the basis of the insurance Title of BIa. Claimant...
View ArticleNot in a gambling mood. CJEU in Peil confirms dynamic interpretation of BIa...
Update 15 December 2021. Tobias Lutzi has concurring analysis here. Since he refers to me, we may now have started a renvoi vortex that, with some luck, wil swallow 2020 whole. The CJEU held last week...
View ArticleNess Global Services: A33-34 BIa’s forum non conveniens-light applied to the...
Ness Global Services Ltd v Perform Content Services Ltd [2020] EWHC 3394 (Comm) engages Articles 33-34 of the Brussels Ia Regulation, its so-called forum non conveniens light regime. I reported on it...
View ArticleJurisdiction for prospectus liability: Sanchez-Bordona AG in Vereniging van...
When I flagged the Dutch SC reference to the CJEU in C‑709/19 Vereniging van Effectenbezitters, asking for clarification of the Universal Music case-law on purely economic damage, I signalled the...
View ArticleApplying A4(2) Rome II to multiparty claims (following Marshall), and a rare,...
In Owen v Galgey & Ors [2020] EWHC 3546 (QB), Linden J yesterday dealt with the application of Rome II’s common habitual residence exception to A4(1) lex loci damni rule, and with the general...
View ArticleING v Banco Santander. Deferring to extensive discussion of national law on...
The critical point in Monday’s judgment in ING Bank N.V. & Anor v Banco Santander S.A. [2020] EWHC 3561 (Comm), an application for lack of jurisdiction, is whether this is a case about claims...
View ArticleSeven swans a-swimming. The Hard Brexit for judicial co-operation in civil...
Update 5 January 2020 This CMS summary usefully points out that there is embryonic judicial co-operation on intellectual property rights (see p155 ff of the agreement, Section 2: Civil and...
View ArticleThe Court of Appeal in Etihad v Flother finishes the job on rendering Italian...
Just before Christmas the Court of Appeal dismissed the appeal in Etihad Airways PJSC v Flother [2020] EWCA Civ 1707. I discussed the High Court judgment here – the only properly discussed issue under...
View ArticleTWR v Panasonic. Obiter consideration of A34 Brussels Ia forum non light....
TRW Ltd v Panasonic Industry Europe GmbH & Anor [2021] EWHC 19 (TCC) adds to the slowly developing case-law on Article 34 Brussels Ia’s forum non conveniens light, on which I have reported at each...
View ArticlePIS v Al Rajaan. An intensive Brussels Ia and Lugano choice of court (by...
The Public Institution for Social Security v Al Rajaan & Ors [2020] EWHC 2979 (Comm) engages in lengthy discussion anchor jurisdiction (A6) and choice of court (A23) under the Lugano Convention...
View ArticleWright v Granath. Lis alibi pendens in defamation. The Court of Appeal on...
Wright v Granath [2021] EWCA Civ 28 is not the only litigation involving Mr Wright, defamation and bitcoin gossip: see my review of Wright v Ver [2020] EWCA Civ 672 (judgment to which Popplewell LJ...
View ArticleSoriano v Forensic News LLC & Ors. (Inter alia) the GDPR jurisdictional...
Soriano v Forensic News LLC & Ors [2021] EWHC 56 (QB) engages ia the jurisdictional implications of the GDPR (this post focuses solely on the data protection claim). Claimant (habitually resident...
View ArticleThe insurance title and branch jurisdiction under Brussels Ia....
Sánchez-Bordona AG opined last week in C-913/19 CNP. The issue is whether a Polish court has international jurisdiction to rule on a dispute between a company to which a person injured in a road...
View ArticleGalapagos v Kebekus. Freeport’s unfinished anchor mechanism analysis...
Galapagos Bidco SARL v Kebekus & ors [2021] EWHC 68 (Ch) is yet again a fairly extensive first instance judgment merely on the issue of jurisdiction, entertaining Article 8(1) Brussel Ia’s anchor...
View ArticleThe Agent Orange litigation in France. A reminder of France’s infamous...
A succinct post on yesterday’s reports that the French courts are now properly engaging with the action brought in France by more than a dozen US-based corporations (and one local, French defendant) on...
View ArticleTOT and TOP v Vodafone. An awkward emphasis on the potential for submission...
In Top Optimized Technologies SL (A Company Incorporated Under the Laws of Spain) & Anor v Vodafone Group Services Ltd & Ors [2021] EWHC 46 (Pat) Smith J is asked to stay proceedings on the...
View ArticleDeep Ocean. A presumably last judgment confirming Brussels Ia UK jurisdiction...
Trower J confirmed mid-December (judgment was not published until earlier this week) jurisdiction for England and Wales courts over continental corporations using ‘Restructuring Plans’, in an echo of...
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