Italy’s residual private international law rules in the spotlight in Dolce &...
I was unaware of a fashion blogosphere war of words and more between Dolce & Gabbana and the founders of Diet Prada until I was asked to comment (in Dutch) on the pending lawsuit in Italy. The suit...
View ArticleThe continuing enigma that is the Brussels Ia arbitration exception. The...
Thank you indeed Gilles Cuniberti for flagging and discussing the end of March decision (Press Release only) by the Paris Court of First Instance in which it held that an action against an arbitrator...
View ArticleCOMI for natural persons and the EIR. The High Court unconvincingly in Lin v...
Lin v Gudmundsson & Ors [2021 EWHC 820 (Ch) is an application to annul the bankruptcy of Mr Gudmundsson by his ex-wife. She argues inter alia that the bankruptcy order should not have been made...
View ArticleVestel v Philips. Court of Appeal rejects attempt to ground jurisdiction on a...
In Vestel Elektronik Sanayi Ve Ticaret A.S. & Anor v Access Advance LLC & Anor [2021] EWCA Civ 440 – also known as Vestel v Philips, the Court of Appeal has rejected an attempt to establish...
View ArticleOeltrans Befrachtungsgesellschaft v Frerichs: the CJEU on the reach of lex...
In C-73/20 Oeltrans Befrachtungsgesellschaft v Frerichs the CJEU held yesterday – no AG Opinion had been requested. Applicant ZM has been the liquidator in the insolvency of Oeltrans...
View ArticleAdvocate General Richard de la Tour in Volvo Trucks on the location of...
I apologise I could not find a snappier title to this post however Richard de la Tour AG’s Opinion in C-30/20 Volvo Trucks yesterday (no English version had been published at the time of writing) does...
View ArticleWWWRT v Tyshchenko. Interesting if contestable engagement with Brussels IA’s...
In WWRT Ltd v Tyshchenko & Anor [2021] EWHC 939 (Ch) and following an earlier Worldwide Freezing Order, Bacon J engages with Article 34 Brussels Ia’s forum non conveniens ‘light’ regime. The...
View ArticleJohnson v Berentzen. The doubtful Pandya conclusions on service as lex causae...
Cressida Mawdesley-Thomas has overview of the facts and issues in Johnson v Berentzen & Anor [2021] EWHC 1042 (QB) here. Stacey J essentially confirms the conclusions of Tipples J in Pandya. The...
View ArticleBegum v Maran. A hopeful Court of Appeal finding on duty of care; however...
I am late in reporting Begum v Maran (UK) Ltd [2021] EWCA Civ 326, in which the Court of Appeal rejected an application for strike-out. I reported on the High Court judgment here and I should add I am...
View ArticleSkatteforvaltningen v Solo Capital Partners. Unfinished business on...
At issue in Skatteforvaltningen (The Danish Customs And Tax Administration) v Solo Capital Partners LLP & Ors [2021] EWHC 974 (Comm) is ‘Dicey Rule 3’ which states that “English courts have no...
View ArticleLugaNON. My brief thoughts on the European Commission’s refusal to support...
This post is my tuppenny worth on the European Commission’s Assessment on the application of the United Kingdom of Great Britain and Northern Ireland to accede to the 2007 Lugano Convention. These are...
View ArticleVereniging van Effectenbezitters. Prospectus liability, purely financial...
As I suggested when I reviewed the Advocate-General’s Opinion in C‑709/19 Vereniging van Effectenbezitters, the CJEU was likely to be much more succinct, which has proven true with the judgment this...
View ArticleSemtech v Lacuna. When do proceedings alleging copyright violation ‘relate...
Semtech Corporation & Ors v Lacuna Space Ltd & Ors [2021] EWHC 1143 (Pat) at its core concerns an alleged breach of copyright between competitors, with former employees of one acting as a...
View ArticleAxis Corporate Capital v Absa. On poorly worded choice of court and the...
Axis Corporate Capital UK Ltd & Ors v Absa Group Ltd & Ors [2021] EWHC 225 (Comm) is a good illustration of choice of court and law clauses that are a gift to conflict of laws practitioners....
View ArticleTrappit v American Express Europe. On choice of court in NDAs, privity, and...
Trappit SA & Ors v American Express Europe LLC & Anor [2021] EWHC 1344 (Ch) confirms an application to strike out or stay proceedings claiming infringement of intellectual property rights in a...
View ArticleApplicable law (Article 4 and 7 Rome II) in the Dutch Shell climate ruling....
I have an article forthcoming on the application of Rome II’s Article 7, ‘environmental damage’ rule. Last week’s widely reported first instance ruling in the Dutch Shell climate case will of course...
View ArticleCNP v Gefion. The CJEU on (not) applying Brussels Ia’s insurance section to...
I reported on the AG’s Opinion in C-913/19 CNP here. The CJEU held on 20 May. The case essentially queries the application of Section 3 BIa (‘matters relating to insurance’) and Section 2 (the ‘special...
View ArticleSuing TikTok: on GDPR and ordinary jurisdiction, as well as applicable law in...
A short note on the claim form for the collective claim by a group of parents based in The Netherlands against TikTok Technology Limited, domiciled at Dublin, Ireland. It engages Article 79 GDPR, as...
View ArticleZN v [Bulgarian Consulate]. Confirming Mahamdia and the ‘international’ in...
In C-280/20, ZN v Generalno konsulstvo na Republika Bulgaria v grad Valensia, Kralstvo Ispania [the Bulgarian consulate], the CJEU last week essentially confirmed CJEU C-154/11 Mahamdia. ZN is a...
View ArticleDTEK Energy: Grounds for the Rome I issue of Schemes of Arrangement to be...
In DTEK Energy BV, Re [2021] EWHC 1551 (Ch) Norris J yesterday expanded on his reason to sanction this scheme of arrangement of a Dutch corporation. I had referenced an earlier DTEK scheme in my post...
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