Applicable law for misrepresentation (leading to missed opportunities) in...
Vegesentials Ltd & Anor v Shanghai Commercial & Savings Bank Ltd [2024] EWHC 7 (Ch) is a judgment, as Matthew Hoyle also notes, without reference to authority, and it surprisingly succinctly...
View ArticleBourlakova v Bourlakov. Limitation periods and the Rome II procedural...
This is possibly the longest title of any of my posts and rightly so for the issues in current judment are extensive. Bourlakova & Ors v Bourlakov & Ors (Rev1) [2023] EWHC 2233 (Ch) is a...
View ArticleX v Y (parental responsibility). Vlas AG (of the Supreme Court of The...
I am much annoyed one has to refer to cases like these yet again as X v Y (see also here, also on Article 22 Rome II). I understand the need for anonymisation in this particular case,...
View ArticleAGPS BondCo: Court of Appeal obiter slightly opening the jurisdictional can...
I have frequently reported in the use of English restructuring and law, including Plans and Schemes of Arrangement, and the forum and applicable law shopping strategies for same. Readers will find the...
View ArticleCJEU does not follow its AG in Inkreal: Confirms wide, subjective scope of...
As I had half hoped, half predicted, the CJEU today held differently than its AG had opined in C‑566/22 Inkreal aka Inkreal s. r. v Dúha reality s. r. o..: an agreement conferring jurisdiction by...
View ArticleSzpunar AG opines SLAPP-sensitive judgment may nay sometimes must be refused...
First Advocate General Szpunar today opined in C‑633/22 Real Madrid Club de Fútbol, AE v EE, Société Éditrice du Monde SA. The case was triggeredy a Le Monde article which claimed that Real Madrid...
View ArticleEarlier OK for business and human rights claim against James Finlay reversed,...
Ugljesa Grusic has excellent and prompt analysis of Hugh Hall Campbell KC against James Finlay (Kenya) Ltd [2023] ScotCS CSIH_39 here. I have background to the issues ia here and I reported on the now...
View ArticleSKAT v ED&F Man Capital Markets. A very early Easter (or: having your...
I realise Lent has not even kicked off (it does next Wednesday, Valentine’s day) yet the judicial year already has seen a miraculous resurrection. In Skatteforvaltningen v MCML Ltd [2024] EWHC 148...
View ArticleFrom adit to alloy: the South African High Court denying class certification...
In Various parties obo minors v Anglo-American South Africa Limited and Others (2020/32777) [2023] ZAGPJHC 1474, the High Court of South Africa has refused to certify two class actions against Anglo...
View ArticleEmiliou AG in BSH Hausgeräte v Electrolux. A solid narrow reading of CJEU GAT...
Emiliou AG opined the day before yesterday in C‑339/22 BSH Hausgeräte GmbH v Electrolux AB. I flagged the case and discussed its context here. The case in essence concerns two issues: the extent of the...
View ArticleMatthews v MACIF. A rare and extensive discussion on refusal of recognition...
Thank you very much confrère Lucian Ilie for sharing copy of the hitherto unreported Thomas Hilton Matthews v Mutuelle Assurance des Commercants et Industriels de France [2023] EWHC 2175 (KB) –...
View ArticleRechtbank Den Haag on forum contractus in a loan agreement between family:...
I am currently trying to have the Leuven conflict of laws students appreciate Article 7(1) Brussels Ia’s looking over the fence aka conflicts method. On Thursday we shall be reviewing CJEU Tessili v...
View ArticleDeutsche Bank v RusChemAlliance and Unicredit Bank v Ruschemalliance. The...
Update 13 March 2024 Paul MacMAhon reports the case is going to the UKSC. I am mopping up the blog queue so forgive me for posting late on Deutsche Bank v RusChemAlliance [2023] EWCA Civ 1144, a...
View ArticleGranville Technology. Applicable law issues in follow-on cartel damages claim...
In Granville Technology Group Ltd v Chunghwa Picture Tubes Ltd & Ors [2024] EWHC 13 (Comm) Pelling J deals with a follow-on damages claim in the context of the LCD cartel (an EC decision under...
View ArticleProject Lietzenburger. Following the Court of Appeal’s hint in AGPS Bondco,...
Project Lietzenburger Strabe Holdco, Re [2024] EWHC 468 (Ch) would seem to heed my prediction when I reviewed AGPS BondCo (“Strategic Value Capital Solutions Master Fund LP & Ors v AGPS BondCo PLC...
View ArticleMOL v Mercedez-Benz. Locus damni in the truck cartel follow-on claim. Emiliou...
In competition law there is a strong presumption of attributability of daughter’s action to the mother corporation as I discussed ia in my post on CJEU C-508/11 P ENI (references to further case-law...
View ArticleFTI Touristik. Emiliou AG spot on on both the international element required...
In his Opinion in C-774/22 JX v FTI Touristik, Advocate General Emiliou in my opinion is spot on for both core elements of the case. A consumer domiciled in Germany issues a claim against a tour...
View ArticleFirst AG Szpunar in HUK-Coburg. Correctly imo opines that the pursuit of...
First Advocate General Szpunar Opined last week in Case C-86/23 E.N.I., Y.K.I. v HUK-COBURG-Allgemeine Versicherung AG – let’s call that case HUK-Coburg. The case concerns the application of Article 16...
View ArticleBeverage City v Advance Magazine. The CJEU adopts flexible approach to anchor...
I have been absolutely swamped in recent months and as a result, the blog has suffered. In coming up for some air, I decided to first tackle some of the oldest drafts in my blog queue. First up is CJEU...
View ArticleB&C v Atlas Flexibles. Court Amsterdam holds deposition of fact witnesses...
A quick note on the first instance court in Amsterdam in B&C v Atlas Flexibles e.a. ECLI:NL:RBAMS:2023:4982. Relevant parties are bound by an SPA (share purchase agreement) with binding arbitration...
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