Starkinvest. Szpunar AG on cross-border enforcement of orders for periodic...
Whether orders for penalty payment my constitute a ‘judgment’ is an issue under Brussels Ia (A55, see also below). It is also under the EU account preservation order Regulation 655/2014 (the ‘APO’...
View ArticleSweden v Serwin. (Inter alia) on lex causae for (alleged) fiduciary duty and...
Kingdom of Sweden v Serwin & Ors [2022] EWHC 2706 (Comm) concerns an attempt by Sweden to gain compensation of a number of defendants whom it alleges were parties to a substantial fraud. The fraud...
View ArticleGrand Production v GO4YU. Szpunar AG (not, due to suggested inadmissibility)...
Szpunar AG opined a few weeks back in C-423/21 Grand Production v GO4YU ea. The case involves a variety of issues related to streaming and VPNs, many of which concern telecoms law yet one is of...
View ArticleGW Pharma v Otsuka. Moçambique rule confirmed as not being engaged in mere...
In GW Pharma Ltd & Anor v Otsuka Pharmaceutical Co. Ltd [2022] EWCA Civ 1462, the Court of Appeal confirmed jurisdiction for the courts of England and Wales, confirming the first instance judgment...
View ArticleThe Dutch MH17 judgment and the conflict of laws. On civil claims anchored to...
Their relevance is of course insignificant in light of the dreadful events that triggered the judgments, however I thought I would flag the private international law elements in this week’s four Dutch...
View ArticleCA Indosuez v Afriquia. On Lugano claims and service out, and on jurisdiction...
CA Indosuez (Switzerland) SA & Anor v Afriquia Gaz SA & Anor [2022] EWHC 2871 (Comm) is largely a case of statutory construction (here: of the amended Civil Procedure Rules – CPR). It...
View ArticleEbuy Partners. Anti-suit viz Belgian proceedings re incorporation of e-mailed...
Ebury Partners Belgium SA/NV v Technical Touch BV & Anor [2022] EWHC 2927 (Comm) discusses ia whether choice of court and law included in general terms and conditions – GTCs, agreed (or not) by...
View ArticleSedgwick v Mapfre Espana. On subrogation in Rome II, and yet again on its...
Sedgwick v Mapfre Espana Compania De Seguros Y Reaseguros Sa [2022] EWHC 2704 (KB) discusses the application of Article 19 Rome II on direct actions against insurers, and the procedural carve-out of...
View ArticleTilman v Unilever. CJEU supports choice of court in GTCs even if no...
Update 29 November 2022 see here for questions between Marco Farina and myself re the CJEU’s discussion 28-31 of the applicability at all of Lugano, in light of the Withdrawal Agreement. The CJEU last...
View ArticleDooley v Castle: Court of Appeal overturns jurisdictional objections, claims...
Dooley & Ors v Castle Trust & Management Services Ltd [2022] EWCA Civ 1569 is the successful appeal against Russen HHJ’s first instance judgment which I discussed here – readers best consult...
View ArticleQuite the song and dance. Dutch TikTok class action passes jurisdictional...
I reported earlier on the ongoing collective claim against TikTok here. Thank you Xandra Kramer and Eduardo Silva de Freitas for signalling and discussing the first instance jurisdictional finding. I...
View ArticleTeva UK v Novartis. Court of Appeal confirms restraint in abetting forum...
The Court of Appeal in Teva UK Ltd & Anor v Novartis AG [2022] EWCA Civ 1617 has reaffirmed the principle that while it is not as such unkosher to petition the English courts subsequently to use...
View ArticleThe CJEU yet again, and briefly, on ‘civil and commercial’ in Brussels Ia....
The Court of Justice yesterday held, without Opinion AG (justifiably in my view), in Case C-98/22 Eurelec Trading Sarl, on yet again the interpretation of ‘civil and commercial’ to determine the scope...
View ArticleCornwall Renewable Developments v Wright, Johnston & Mackenzie. A right...
Cornwall Renewable Developments Ltd v Wright, Johnston & Mackenzie LLP [2022] EWHC 3259 (Ch) is the appeal against [2022] EWHC 441 (Ch) which I flagged here. The jurisdictional challenge concerns...
View ArticleOxford University v Oxford Nanoimaging. On unfair trading terms in retained...
In Oxford University Innovation Ltd v Oxford Nanoimaging Ltd [2022] EWHC 3200 (Pat) Daniel Alexander KC in a lengthy judgment eventually held for the University in a dispute on the validity of the...
View ArticleX v PayPal. Questionable Dutch compulsory settlement jurisdiction reignites...
The Dutch first instance judgment in Groningen earlier this month, in X v PayPal (Europe) S.a.r.l. & Cie S.C.A., sees claimant debtor essentially seeking a compulsory settlement – CS. PayPal...
View ArticleBravo v Amerisur Resources (Putumayo Group Litigation). Claimants survive...
In Bravo & Ors v Amerisur Resources Ltd (Re The Amerisur plc Putumayo Group Litigation) [2023] EWHC 122 (KB) claimants, who live in remote rural communities in the Putumayo region of Colombia, seek...
View ArticlePublic Institution for Social Security (PIFFS) v Ruimy. The High Court on...
In Public Institution for Social Security v Ruimy & Anor [2023] EWHC 177 (Comm) Jacobs J rejected both a forum non conveniens argument and an (acquired Brussels Ia) Article 34 Brussels Ia argument...
View ArticleAsian Offshore Services v Self Elevating Platform – SEP. A sloppy conclusion...
I am mopping up draft posts so forgive me if some of them are a touch late compared to my original report on them on Twitter. Asian Offshore Services v Self Elevating Platform ECLI:NL:RBROT:2023:34 of...
View ArticleEast-West Logistics v Melars. A good reminder of the strength of a company’s...
A bit of a late follow-up to a 1 November Tweet but hey ho, I have been a tad busy and it is nevertheless good to still have the post up. East-West Logistics Llp v Melars Group Ltd [2022] EWCA Civ 1419...
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