Uzdaroji Akcine Bendrove “Palink” et al v CNH Industrial NV et al. Truck...
A further effort in tackling the blog queue. Those with an interest in the application of Rome II to purely economic damage will be interested in Uzdaroji Akcine Bendrove “Palink” et al v CNH...
View ArticleMaersk. The CJEU on the scope of ‘substantive validity’ in Article 25...
The CJEU held last week in Joined Cases C‑345/22 and C‑347/22 Maersk A/S v Allianz Seguros y Reaseguros SA and Case C‑346/22 Mapfre España Compañía de Seguros y Reaseguros SA v MACS Maritime Carrier...
View ArticleHorsedeals. First instance Overijssel on limits to claim formulation.
I have a great interest in claim formulation as a means to forum shop as both my clients and my students know. Despite the post being way behind my signalling of the case on Twitter /X, I do want...
View ArticleAli Hussein Julood v BP. A new business and human rights case with likely...
A quick flag of the letter before action in Ali Hussein Julood v BP, a claim relating to gas flaring in Iraqi oil fields. BP is likely to contest jurisdiction under forum non conveniens (a reminder...
View ArticleToplofikatsia Sofi. CJEU rules out Brussels Ia circumvention resulting from...
The CJEU held succinctly yesterday and without AG Opinion in Case C-222/23 Toplofikatsia Sofi. The Bulgarian rule according to which all Bulgarian nationals have a permanent domicile in Bulgaria even...
View ArticleApplicable law in follow-on competition cases. 3 Opinions of the AG at the...
Three Opinions of Vlas AG at the Dutch Supreme Court dated 5 April 2024 but published today discuss issues of applicable law in competition follow-on cases. See also my earlier posts on Air Cargo and...
View ArticleWho is bound by Choice of Court Agreements in Bills of Lading? Guest blog on...
This guest post was authored by Dr Mukarrum Ahmed, Barrister (Lincoln’s Inn), and Lecturer in Business Law & Director of PG Admissions at Lancaster University Law School. I am most grateful to Dr...
View ArticleNicholls v Mapfre. The Court of Appeal takes an ‘intertwinedness’ approach to...
Nicholls & Anor v Mapfre Espana Compania De Seguros Y Reaseguros SA [2024] EWCA Civ 718 is the unsuccessful appeal against Sedgwick v Mapfre Espana Compania De Seguros Y Reaseguros Sa [2022] EWHC...
View ArticleThe CJEU in FTI Touristik confirms broad take on the ‘international’ in...
The CJEU this morning has entirely and in succinct fashion confirmed the Opinion of Emiliou AG which I discuss here. [30] that the contract between the parties, both domiciled in the same Member State,...
View ArticleLunn v Antarctic Logistics Centre. On Rome II as it applies to torts in...
As we go through summer I am trying to catch up with posts I did not find the time for sooner. Readers will know that they may want to keep an eye on my Twitter feed to keep up with recent...
View ArticleA second Emiliou AG Opinion on reflexive effect of exclusive jurisdictional...
I reviewed Emiliou AG’s first Opinion in C‑339/22 BSH Hausgeräte GmbH v Electrolux AB here. Seeing as the case was now reassigned to Grand Chamber (compare with CJEU IRnova where a 3 member chamber...
View ArticleReal Madrid v Le Monde. The CJEU, in Grand Chamber, weighs in on anti-SLAPP...
The CJEU in Grand Chamber held 10 days back in C‑633/22 Real Madrid Club de Fútbol, AE v EE, Société Éditrice du Monde SA. No English version was yet available at the time of writing. The Court in...
View ArticleCJEU Judgment in MOL v Mercedez-Benz: no to insider reverse veil piercing....
In C-425/22 MOL Magyar Olaj- és Gázipari Nyrt. v Mercedes-Benz Group AG Emiliou AG had opined in that a parent company cannot rely on the competition law concept of economic unit to establish...
View ArticleThe CJEU in Mahá. I could be wrong but imo further obfuscation of Brussels...
In my August conflict of laws exams I asked the students the following question: In Case C-494/23 Maha, facts are as follows. On 19 August 2017, applicants purchased a motor vehicle in Germany. On 12...
View ArticleMedeon Sarl v Siem Industries S.A. A good illustration of the limited scope...
Many thanks to Marta Pertegás for flagging Medeon Sarl v Siem Industries S.A. ECLI:NL:GHDHA:2024:1248, in which the Gerechtshof Den Haag (upon appeal in summary proceedings) confirmed recognition and...
View ArticleAthenian Brewery SA. Kokott AG firmly in favour of forum shopping in...
I signaled the preliminary reference and background here and Kokott AG Opined end of September in C‑393/23 Athenian Brewery SA, Heineken NV v Macedonian Thrace Brewery SA. Can a person damaged by an...
View ArticleDo heirs have standing? The Court of Appeal on the conflict of laws issues,...
I reported on the jurisdictional issues in the Brasilian orange juice cartel before. In Viegas & Ors v Estate of Jose Luis Cutrale & Anor [2024] EWCA Civ 1122 the Court of Appeal has now held...
View ArticleRome II locus damni for misrepresentation. The High Court in Jaffe v Greybull.
In Jaffe & Anor Greybull Capital LLP & Ors [2024] EWHC 2534 (Comm) one of the issues was the applicable law for misrepresentation about the source of funds being injected into a company....
View ArticleCJEU follows its AG in VariusSystems, but with less convincing arguments:...
I reviewed Richard de la Tour’s Opinion in C-526/23 VariusSystems digital solutions GmbH v GR Inhaberin B & G here. The CJEU held at the end of November, essentially following it and being very...
View ArticleTradin Organic v Gold Grain. For educational purposes: a good example of a...
There is a gale force wind out there and the girls and I are housebound: so I thought I’ld clear the blog queue a bit. It is generally not good practice to post poorly drafted choice of court...
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