Kabab-Ji SAL (Lebanon) v Kout Food Group. The UKSC in my view unconvincingly...
I am slowly getting through the in-tray with back cases, looking in this post at the UKSC judgment in Kabab-Ji SAL (Lebanon) v Kout Food Group [2021] UKSC 48. There is plenty of analysis on the case...
View ArticleChowdhury v PZU SA. Domicile for the purposes of the insurance title.
Chowdhury v PZU SA [2021] EWHC 3037 (QB) is worth a brief post on the determination of ‘domicile’ for the purposes of the insurance title of Brussels Ia (the very same Title and provisions which I...
View ArticleBitar v Banque Libano-Francaise. A reminder that, under (acquired) EU law,...
Bitar v Banque Libano-Francaise S.A.L. [2021] EWHC 2787 (QB) discusses whether a Lebanese bank could be considered to have ‘directed’ its activities at the UK under the CJEU Pammer Alphenhof criteria,...
View ArticleAthena Capital Fund v Secretariat of State for the Holy See. Thank Heavens...
Athena Capital Fund Sicav-Fis SCA & Ors v Secretariat of State for the Holy See [2021] EWHC 3166 (Comm) features as defendant the Secretariat of State of the Holy See (not the Holy See itself),...
View ArticleAsk me no questions, and I’ll tell you no lies. The CJEU on internet (libel)...
The CJEU held yesterday in Grand Chamber in C-251/20 GtflixTV – for the facts see my initial flag of the case here. I reviewed the Opinion of Hogan AG here. The AG need not have bothered for the Court...
View ArticleMahmudov v Sanzberro. Addressing libel tourism under Brussels Ia with a...
Mahmudov & Anor v Sanzberro & Ors [2021] EWHC 3433 (QB) tackles the issue of libel tourism. As Collins Rice J puts it [3] underlying the contest of law is a contest of two mainstream policies...
View ArticleJ v H Limited. Pikamae AG emphasises the ‘safety valve’ of disciplining...
I am hoping to tackle some of the pre-Christmas queue this week, kicking off with the Opinion (no English version available) of Pikamae AG in C-568/20 J v H Limited. The case concerns the enforcement...
View ArticleKazakhstan Kagazy v Zhunus. Again on qualification and a rather untidy...
Kazakhstan Kagazy Plc & Ors v Zhunus & Ors [2021] EWHC 3462 (Comm), sees Henshaw J unpicking the follow-up to a trial of applications and claims made by the Claimants for the purpose of...
View ArticleNo horsing around. Den Bosch court of appeal on the non-recognition of US...
Many thanks Haco van der Houven van Oordt for flagging an (anonymised) judgment by the Den Bosch Court of Appeal, in which it refused to recognise the punitive damages element of a US (Tennessee)...
View ArticleKhalifeh v Blom Bank. On implied choice of law and consumer contracts...
Khalifeh v Blom Bank SAL [2021] EWHC 3399 (QB) is the second High Court judgment in the space of a few weeks to involve Lebanese Banks and the application of the protective regime for consumers in EU...
View Article(Rejected) appeal in PIFSS v Banque Pictet leads to renewed criticism of the...
The appeal in The Public Institution for Social Security v Banque Pictet & Cie SA & Ors [2022] EWCA Civ 29 has been dismissed. I reviewed the first instance judgment here. I conclude that...
View ArticleLOT. Place of performance under Article 7(1)a in case of multicarrier...
The CJEU held yesterday in C-20/21 LOT Polish Airlines, on the place of performance (hence creation of jurisdiction in an application for flightdelay compensation) of a flight consisting of a confirmed...
View ArticleNo Harry, don’t look at the light! The CJEU in Sharewood on Rome I’s rei...
In C-595/20 Sharewood, the CJEU last week held on the extent of Rome I’s rei sitae exception to consumer contracts. In essence, as a result of Article 6 Rome I, for consumer contracts, choice of law is...
View ArticleKwok v UBS. Cockerill J helpfully on Lugano, economic loss and branch...
Update 25 02 2022 thank you Matthew Hoyle for letting me know that Justice Cockerill today granted UBS permission to appeal against her judgment. In Kwok & Ors v UBS AG (London Branch) [2022] EWHC...
View ArticleSoriano’s successful appeal on the GDPR jurisdictional gateway confirms the...
In Soriano v Forensic News LLC & Ors [2021] EWCA Civ 1952 the Court of Appeal end of December allowed the claimant’s cross-appeal on the territorial reach of the GDPR. I reported the decision at...
View ArticleLithuania v Veolia. How the CJEU’s ISDS judgments in Achmea, Komstroy etc...
Many thanks Bruno Hardy, counsel at Liedekerke, for reconnecting me with a case I had seen in passing and then lost track off. Bruno also reports on the issues here; there is also a mainstream media...
View ArticleHill v Generali. Assigned and /or subrogated claims continue to cast doubt on...
Hill v Generali Zrt [2021] EWHC 3381 (QB) is an appeal from the County Court and discussed whether a subrogated claim by an insurer (Admiral) can be brought in the name of an English motorist in an...
View ArticleSkat v Solo Capital Partners. When faced with Dicey rule 3, I’ll see your tax...
I reviewed the first instance judgment in Skat v Solo Capital Partners here and concluded that it endangered the effet utile of Brussels Ia (and Lugano). Justice Baker had concluded that all SKAT’s...
View ArticleProtecting employees under Rome I (and the Convention). The French SC takes a...
I am in blog queue clear-out mode today. Thank you Maxime Barba for flagging the French SC’s December judgment on the application of Rome I’s (in fact the Rome Convention but the provisions have not...
View ArticleMahmood v The Big Bus Company. At cruise-speed getting to choice of law under...
Mahmood v The Big Bus Company [2021] EWHC 3395 (QB) is a good illustration of the applicable law process under the 1980 Rome Convention and its inclusion on the blog is mostly for pedagogic /teaching...
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