The Belgian DPA yet again on processing of activities and Article 3(1) v 3(2)...
The Belgian Data Protection Controller (DPA)’s decision of March 2022 (thank you Peter Craddock for alerting me to it at the time) has been travelling with me since it was issued mid March 2022: a late...
View ArticleSimon v Tache. Interesting issues on post-Brexit Brussels lis pendens, and on...
Simon v Tache & Ors [2022] EWHC 1674 (Comm) is an interesting judgment which one assumes is very appealable given the untested Withdrawal Agreement and other angles. At issue is i.a. whether...
View ArticleNagel v PDC. Permission for service out withdrawn on forum non and disclosure...
W Nagel (a firm) v Pluczenik& Ors [2022] EWHC 1714 (Comm) concerns litigation in the diamond sector. It is an appeal against permission for service out which triggers various jurisdictional...
View ArticleDeane v Barker. Foreign law is fact leads to interesting comparative...
In Deane v Barker & Ors [2022] EWHC 1523 (QB) concerns the frequent and upsetting scenario of falls in rented holiday accommodation. Claimant is habitually resident in England, proceedings were...
View ArticleVan Heck v Giambrone. In the absence of an EU harmonised approach, whether an...
This one is overdue for review on the blog. In Van Heck v Giambrone & Partners Studio Legale Associato [2022] EWHC 1098 (QB) the High Court confirmed in appeal the refusal of a stay on Article 29...
View ArticlePorr Bau. Medina AG on waste and end-of-waste status of excavated soil.
Medina AG’s end June Opinion in C-238/21 Porr Bau GmbH v Bezirkshauptmannschaft Graz-Umgebung will delight waste lawyers for the case once again evolves around the definition of ‘waste’ as applied to...
View ArticleOn the Beach v Ryanair. A clairvoyance stretch in assessing an Article 30...
Another overdue post following up on earlier Twitter flag. In On the Beach Ltd v Ryanair UK Ltd & Anor [2022] EWHC 861 (Ch) is a competition law ‘stand-alone’ damages suit. OTB is an online travel...
View ArticleAthena Capital. Court of Appeal sets aside case-management stay under...
In Athena Capital Fund SICAV-FIS SCA & Ors v Secretariat of State for the Holy See [2022] EWCA Civ 1051, the Court of Appeal has overturned the High Court’s judgment ordering a stay in a case...
View ArticleG I Globinvestment. A jurisdiction finding with core shortfalls on Brussels Ia.
In G I Globinvestment Ltd & Ors v VP Fund Solutions (Luxembourg) SA & Ors [2022] EWHC 1872 (Comm) wealthy Italian investors seek to recover losses which they suffered when investments they had...
View ArticleFong Chak Kwan v Ascentic. The Hong Kong Court of Final Appeal aligns the...
This post is one for the comparative binder. Fong Chak Kwan v Ascentic Limited and Others [2022] HKCFA 12 (many thanks to Poomintr Sooksripaisarnkit for alerting me to the judgment) discusses a variety...
View ArticleOtsuka v GW Pharma. When does a tussle about intellectual property rights...
I tweeted the case on 4 May….slowly I am getting trough the backlog. In Otsuka v GW Pharma [2022] EWHC 1012 (Pat) Karet DJ upheld jurisdiction to hear a dispute about a patent licence in circumstances...
View ArticleRome I’s corporate carve-out and agency /principal relations in Canara Bank v...
Canara Bank v MCS International [2022] EWHC 2012 (Comm) is interesting with respect to Cooper J’s discussion of privity of choice of court and law, and the corporate carve-out of retained (post Brexit)...
View ArticleAirbus Investors Recovery v Airbus. Rechtbank Amsterdam unconvincingly on...
The blog is back from summer recess with a post on Airbus Investors Recovery Limited v Airbus SE, where the first instance court at Amsterdam by way of preliminary judgment deals with the law...
View ArticleBSH Hausgeräte v Electrolux. An opportunity for the CJEU to clarify reflexive...
I mentioned the pending case C-339/22 BSH Hausgeräte v Aktiebolaget Electrolux yesterday at our excellent (if I say so myself) Max Planck Institute – EAPIL – KU Leuven workshop on Brussels Ia reform....
View ArticleIRnova v FLIR. CJEU would seem casually to reject reflexivity, and confirms...
Lydia Lundstedt has prior review of the judgment in CJEU C-399/21 IRnova AB v FLIR Systems AB (who had been business partners in the past) here. Swedish courts are clearly busy referring the private...
View ArticleQBE Europe v Generali. Move over, West Tankers!
QBE Europe SA/NV v Generali Espana De Seguros Y Reaseguros [2022] EWHC 2062 (Comm) is not a surprising judgment of course. I flagged it on Twitter early August and I post it here for the sake of blog...
View ArticleMaceió victims v Braskem. Rotterdam court refuses application for Article 34...
The (first instance) court at Rotterdam has upheld anchor jurisdiction and refused an application for an Article 34 Brussels Ia stay. The case concerns victims of earthquakes in the Brasilian Maceió...
View ArticleSoleymani v Nifty. The Court of Appeal does not convince on Brussels Ia’s...
Soleymani v Nifty Gateway LLC [2022] EWCA Civ 1297 is the appeal against [2022] EWHC 773 (Comm) which I reviewed here. That post will give readers the necessary background. The Court of Appeal...
View ArticleROI Land Investments. The CJEU on letters of comfort and their leading to a...
In an interesting judgment, the CJEU yesterday held (no English edition yet) in C-604/20 ROI Land Investments Ltd v FD on protected categories suing a defendant not formally associated with the...
View ArticleBanca Intesa v Venezia: An excellent illustration of the relevance of...
Banca Intesa Sanpaolo SPA & Anor v Comune Di Venezia [2022] EWHC 2586 (Comm) is an excellent illustration of the relevance of characterisation and of the international harmonisation of same. It...
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