Permission to appeal refused on cost issues in Malawi sexual exploitation...
Lord Justice Coulson the other week refused [PGI Group Ltd v Thomas & Ors (Application for Permission to Appeal) [2022] EWCA Civ 233] permission to appeal against the High Court’s refusal to grant...
View ArticleSuppipat v Siam Bank. Unsatisfactory discussion of legal advice privilege and...
Suppipat & Ors v Siam Commercial Bank Public Company Ltd & Ors [2022] EWHC 381 (Comm) repeats (and indeed refers to) the inadequate discussion of applicable law and privilege in PJSC Tatneft v...
View ArticleA further Prestige instalment, this time on the powers of first instance...
The London Steam-Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain M/T “PRESTIGE” (No. 5) [2022] EWCA Civ 238 is an appeal against The London Steam-Ship Owners’ Mutual Insurance...
View ArticleZubaydah v Foreign Office. Court of Appeal reverses not altogether...
Zubaydah v Foreign And Commonwealth Office & Ors [2022] EWCA Civ 334 discusses the same issue as Rahmatullah and Ali v MOD and FCO which I review here (and in which I later inserted the High Court...
View ArticleLambert v MIB. On foreign applicable law, and how the motor insurance...
It is interesting to imagine the legal position in Lambert v Motor Insurers’ Bureau (Rev1) [2022] EWHC 583 (QB) in a scenario of retained EU law post Brexit, rather than firmly within the scope of the...
View ArticleKlifa v Slater. Post Brexit, a forum non challenge (for the courts of France)...
In Klifa v Slater & Anor [2022] EWHC 427 (QB), concerning a ski accident in Courchevel, France, the Claim Form was issued on 14 January 2021, just within the three year limitation period of England...
View ArticleOf business and human rights note. The French SC in Sherpa, Amis de Terre v...
Many thanks indeed Hélène Péroz for flagging Sherpa & Les Amis de la terre France v Perenco ECLI:FR:CCASS:2022:C100199. The issue concerns what law applies to the issue of standing of NGOs in...
View ArticleAl Assam v Tsouvelekakis. Yet another lengthy forum non conveniens...
Al Assam & Ors v Tsouvelekakis [2022] EWHC 451 (Ch) shows the way many claims involving EU Member States facts or defendants are likely to go, until the novelty of newly found forum non freedom...
View ArticleThe European Commission’s Corporate Sustainability Due Diligence proposal....
I have reported on conflict of laws (jurisdictional and applicable law) angles to the EP’s draft proposals on Corporate Sustainability Due Diligence before. As I discuss in those posts (more analysis...
View ArticleFarrar v Miller. One to watch on champerty and litigation funding in the form...
In Farrar & Anor v Miller [2022] EWCA Civ 295, the issue is whether a firm of solicitors which has been acting for a claimant in litigation pursuant to a damages-based agreement can validly take an...
View ArticleHere comes the cavalry. The IEP’s proposed crime of ecocide.
I have just blogged on the Leuven public law blog, on the independent expert penal’s Ecocide proposal, here. I am reposting here for completeness’ purposes. Geert.
View ArticleClarke v Kalecinski. On rules of safety and conduct under Rome II, but also...
Update 20 April 2022 Daniel Clarke reviews the issue of proof of foreign law here. Clarke v Kalecinski & Ors [2022] EWHC 488 (QB) concerns a claim for damages for personal injury sustained during...
View ArticleJ v H Limited. CJEU holds third country judgments may, under circumstances,...
I reviewed Pikamae AG’s Opinion in C-568/20 J v H Limited here. The issue is whether, exequatur having been abandoned in Brussels Ia, arguments as to whether the a judgment issued in a third, non EU...
View ArticleCryptoassets, non-fungible tokens and consumer protection. The High Court...
In Amir Soleymani v Nifty Gateway LLC [2022] EWHC 773 (Comm) Abrose J largely rejected jurisdiction for the English courts in a claim following auction brought by a UK-based digital artwork collector....
View ArticleValueLicensing v Microsoft. The High Court, in rejecting forum non...
In JJH Enterprises Ltd (Trading As ValueLicensing) v Microsoft Corporation & Ors [2022] EWHC 929 (Comm) Picken J makes a debatable point in his discussion of a forum non conveniens application by...
View ArticleCourt of Appeal overturns and confirms, in principle though technologically...
When CJEU Bolagsupplysningen was held, I flagged immediately (I was not alone) that the judgment would necessarily create follow-up litigation. At the level of the CJEU itself, Mittelbayerischer Verlag...
View ArticleBRG NOAL v Kowski. A debatable applicable law consideration under A4 Rome I...
BRG NOAL GP SARL & Anor v Kowski & Anor [2022] EWHC 867 (Ch) continues the current trend of forum non conveniens applications galore, following Brexit. In the case at issue, with Luxembourg...
View ArticleCJEU holds EU flight Regulation abides by customary international law in...
A brief post on the judgment of the CJEU in C-561/20 United Airlines. The CJEU held that the EU flight delay compensation rules of Regulation 261/2004 apply to a flight operated by non-EU airline on...
View ArticleSamsung Electronics. A forum non conveniens assessment of claims re the...
Samsung Electronics Co. Ltd & Ors v LG Display Co Ltd & Anor [2022] EWCA Civ 423 concerns follow-on damages claimed against non-EU based defendants. The European Commission had earlier found...
View ArticleChep Equipment. Brussels Ia’s forum prorogati (with renvoi) rule once again...
In Chep Equipment Pooling BV v ITS Ltd & Ors [2022] EWHC 741 (Comm), Salter DJ untangles a myriad of jurisdictional gateways, partially tortious (with reference to UKSC Brownlie, and to CJEU Bier...
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