Szpunar AG in All in one Star ltd. The corporate mobility jigsaw continues to...
This post has been in my draft folder a long time for First Advocate General Szpunar opined Mid-October in C-469/19 All in One Star Ltd. Still worth a flag, with the CJEU presumably soon issuing...
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Lyle & Scott v American Eagle. The High Court holds the applicable law for...
Lyle & Scott Ltd v American Eagle Outfitters, Inc [2021] EWHC 90 (Ch) entertains ia the question whether the governing law for passing-off claims involving an eagle trademark, fall under Article 6...
View ArticleDuffy v Centraal Beheer Achmea. Interim payments qalified as procedural, not...
I am busy on many fronts and not complaining, yet I am sorry if some posts are therefore a little later than planned. A quick flag of Duffy v Centraal Beheer Achmea [2020] EWHC 3341 (QB) in which Coe J...
View ArticleBenkel v East-West German Real Estate Holding. Potential future proceedings...
In Benkel v East-West German Real Estate Holding & Anor [2021] EWHC 188 (Ch), Morgan J was asked to join a party on the basis of Article 8(1) Brussels Ia’s anchor defendant mechanism, and obliged....
View ArticleGategroup: A seminal and questionable judgment on gatekeeping viz...
Zacaroli J this morning held in Gategroup Guarantee Ltd, Re [2021] EWHC 304 (Ch) on whether ‘part 26A’ English restructuring ‘Plans’ (see my review of ia Deep Ocean) are within the scope of the Lugano...
View ArticleOkpabi v Shell. The Supreme Court reverses the Court of Appeal and the High...
Those who combine my excitement of having professor McCorquodale contribute to the blog, with his enthusiasm at the end of his post, may find themselves in a perennial game of complimentary renvoi....
View ArticlePremier Cruises v DLA Piper Russia and UK. Textbook ‘arbitration’ exception...
Premier Cruises Ltd v DLA Piper Rus Ltd & Anor [2021] EWHC 151 (Comm) is a textbook case for the relationship between arbitration and the Brussels Ia regulation, as well as relevance of lex arbitri...
View ArticleMotacus Constructions v Castelli. Choice of court, English lois de police and...
Motacus Constructions Ltd v Paolo Castelli SpA [2021] EWHC 356 (TCC) to my knowledge is the first case post-Brexit that shows how a jurisdictional discussion that might have been settled swiftly under...
View ArticleA quick note on mutual trust and judicial co-operation: Rantos AG on Brussels...
Last week’s Opinion of Advocate General Rantos (successor to Sharpston AG) in C-603/20 PPU SS v MCP is of note for its emphasis on the principle of mutual trust that lies at the foundation of European...
View ArticleMarkt24: CJEU emphasises predictability of place of habitual employment.
There is a benefit to the pace of work becoming so hectic that I cannot post on CJEU case-law swiftly: others have analysis to which I can refer. In the case of CJEU C-804/19 BU v Markt24 GmbH, Anna...
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Mittelbayerischer Verlag: determining centre of interests for jurisdiction in...
What I said in my post on Markt24 this morning, also goes for the Opinion of Bobek AG in C-800/19 Mittelbayerischer Verlag KG v SM: others have in the meantime posted analysis on it, in this case...
View ArticleRokkan v Rokkan. An excellent primer on the concept and consequences of...
Rokkan v Rokkan & Anor [2021] EWHC 481 (Ch) is most excellent material for anyone looking to teach and /or understand the concept of ‘characterisation’ in private international law /the conflict of...
View ArticleAdActive Media v Ingrouille. On the complications of recognition and...
As I seem to be in pedagogic blog mode today, a note on AdActive Media Inc v Ingrouille [2021] EWCA Civ 313. The case shows the complications that arise in recognition and enforcement proceedings...
View ArticleKoch Films v Ouragan Filsm et al. The French SC on provisional measures under...
Gilles Cuniberti discusses Koch Films v Ouragan Films et al at the French Supreme Court, a case which as also signalled by Hélene Péroz. The judgment is an important one for it signals the continuing...
View ArticleJamieson v Wurttemburgische Versicherung. On being seized for lis alibi...
Jamieson v Wurttemburgische Versicherung AG & Anor [2021] EWHC 178 (QB) has been in my draft folder for a while – Master Davison refused an application for a stay on the basis of A29 Brussels I’a’s...
View ArticleNB v MI. Using English law to judge (mental) capacity to enter a Sharia...
NB v MI [2021] EWHC 224 (Fam) engages capacity to marriage. A marriage was formed on 1 June 2013 in Pakistan under sharia law between the parties. 18 years earlier, when she was 6, the wife was...
View ArticlePWC Landwell v LY. The French SC on the EU consumer rights Directive and...
Many thanks Alain Devers for alerting us back in October to the French Supreme Court’s judgment in PWC Landwell v LY, on agreements to arbitrate and the consumer rights Directive 93/13. Apologies for...
View ArticleThe CJEU on ‘civil and commercial’ in Obala. No panacea.
Judgment in C-307/19 Obala starts in earnest at 59 for the CJEU like the AG (see my review of his Opinion here) holds many of the questions to be inadmissible. The Court focuses its references to...
View ArticleSuing ‘Norsk Hydro’ in The Netherlands. No engagement it seems of Article...
A quick note on the suit in The Netherlands against “Norsk Hydro” of Norway, for alleged pollution caused by aluminium production in Brasil. No court decisions or orders are available as yet hence I...
View ArticleSwiss court’s refusal of recognition under Lugano 2007 shows the difficult...
There is much to be said about the refusal of the courts at Zurich at the end of February, to recognise a September 2020 High Court judgment under the 2007 Lugano Convention. Rodrigo Rodriguez says it...
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