McCarthy v Jones. On lex fori, lex voluntatis, equitable remedies and Spanish...
McCarthy v Jones & Anor [2023] EWCA Civ 589 is an appeal from Jones & Anor v McCarthy [2022] EWHC 2186 (Ch) which I had not reported on the blog probably because I had not seen it (it happens...
View ArticleX v Trustees of Max Stern estate. German Supreme Court unconvincingly extends...
As Peter Bert reports here, the German Federal Supreme Court or Bundesgerichtshof has held in Case v-ZR-112.22 X v Trustees of Max Stern estate, a case related to ‘Lost art’, that Article 26 Brussels...
View ArticleCrane v DFCU. On the limits to foreign acts of state doctrine and open...
In Crane Bank Ltd & Ors v DFCU Bank Ltd & Ors [2023] EWCA Civ 886 core issue is the scope and application of the foreign act of state rule and of the limitations and exceptions to which it is...
View ArticleStarlight Shipping (The Alexandros T). CJEU confirms general EU disapproval...
Update 14 September see also Mykolas Kirkutis here. Update 12 September 2023 see also professor Cuniberti’s analysis here. I discussed Richard de La Tour AG’s Opinion in C-590/21 Charles Taylor...
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Are The Netherlands reneging on third party litigation funding? Stichting...
The first instance court at Den Haag has held in joined cases Stichting Investor Loss Compensation and Airbus Investor Recovery Stichting v Airbus ECLI:NL:RBDHA:2023 [‘SILC’ and ‘AIRS’ v Airbus]...
View ArticleDiamond Resorts Europe. CJEU confirms exhaustive nature of Rome I’s consumer...
In C-632/21 JF and NS v Diamond Resorts Europe Limited (Sucursal en España) (‘Diamond Resorts Europe) the CJEU has held that Article 6(2) Rome I on consumer contracts is exhaustive, preventing a...
View ArticleX v Y (monies owed on real estate transaction). Court Den Haag leaves hanging...
X v Y (*grumbles his usual grumble about anonymisation*) ECLI:NL:GHDHA:2023:1759 is an interesting judgment discussing, yet not determining, the extent of Rome I’s Article 18’s ‘burden of proof’...
View ArticleSay-Wittgenstein v (former) King Juan Carlos. High Court restricts harassment...
Ugljesa Grusic’s excellent post on Sayn-Wittgenstein-Sayn v HM Juan Carlos Alfonso Victor Maria De Borbon y Borbon [2023] EWHC 2478 (KB) is prompting me to try and do something about the draft posts...
View ArticleRichard de la Tour AG in Inkreal: a controversial Opinion on ‘international’...
Richard de la tour AG opined last Thursday in C‑566/22 Inkreal aka Inkreal s. r. v Dúha reality s. r. o.. At issue is whether the sole use of international choice of court suffices to escalate a...
View ArticleDyson’s successful forum non conveniens challenge in Malaysian outsourcing...
In Limbu & Ors v Dyson Technology Ltd & Ors [2023] EWHC 2592 (KB) a jurisdictional challenge on forum non conveniens grounds in allegations of forced labour at Dyson’s Malaysian Supplier, was...
View ArticleSKAT: The Supreme Court agrees with the Court of Appeal on the ‘revenue’ and...
The UK Supreme Court has dismissed the appeal in Skatteforvaltningen (the Danish Customs and Tax Administration) v Solo Capital Partners LLP & Ors [2023] UKSC 40, confirming the Court of Appeal’s...
View ArticleA good illustration of the not always well understood ‘looking over the...
X v Y (yep, annoying and entirely without reason, an anonymous judgment) ECLI:NL:RBLIM:2023:4342 is an interesting illustration of Brussels Ia’s Article 7(1)(a’)s ‘looking over the fence’ aka the...
View ArticleYet more tussles in the Prestige arbitration follow-up, with the High Court...
Butcher J as I noted in my Tweet on the judgment at the time, has largely granted immediate leave to appeal his ruling in London Steam-Ship Owners’ MIA v [Spain] (Re Prestige) [2023] EWHC 2473 (Comm),...
View ArticleCJEU Exteria. A contract to enter into a future services contract is not...
Still mopping up that blog queue….In Case C-393/22 EXTÉRIA s.r.o. v Spravime, s.r.o. the CJEU has held that a contract to enter into a future services contract is not itself a services contract within...
View ArticleDutch court readily seems to accept ‘international’ element in prima facie...
A note on RM RENT A CAR v KFZ BRÜNING ECLI:NL:RBNHO:2023:7489 in which the Noord-Holland court of first instance much more readily accepts the escalation of a purely domestic (German) contract to the...
View ArticleCJEU confirms strict reading of Article 24(1) Brussels Ia’s tenancies gateway...
In Case C-497/22 EM v Roompot Service BV, the CJEU has confirmed its strict reading of Article 24 Brussels Ia’s ‘tenancies of immovable properties’ provision, confirming Richard de la Tour AG’s...
View ArticleProgram for the Tangier Statute Centenary Conference, 18 December 2023.
Below in simple format and here in easier lay-out, is the program for our conference on the Tangier Statute Centenary Conference, 18 December next in Tanger. We are very excited. The Tangier Statute...
View ArticleClifford Chance v Soc Gen: The makings of a jurisdictional stalemate between...
In Clifford Chance LLP v Societe Generale SA [2023] EWHC 2682 (Comm), Henshaw J has held on a jurisdiction challenge in a claim for professional negligence claim brought by SocGen against Clifford...
View ArticleLott et al v Citroen et al (Dieselgate). An interesting judgment on...
In Lott & Ors v PSA Automobiles SA & Ors [2023] EWHC 2568 (KB), Fontaine SM deals with an evidential /discovery issue in one of the dieselgate cases, where the car manufacturers intend to...
View ArticleZubaydah v FCO. UK Supreme Court finds fault with Court of Appeal’s approach...
My thoughts on the Court of Appeal’s finding in Zubaydah v FCO are here. I am pleased to have played a role for claimant’s lawyers, pro bono, in the proceedings before the UK Supreme Court, which held...
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