Italian Swap claims – Continued. Dexia v Patrimonio del Trentino: finding of...
Update 16 12 2024 see for a very similar discussion, also in this case engaging A8 and 3(3) Rome Convention, Dexia SA v Regione Emilia Romagna [2024] EWHC 3236 (Comm). Dexia v Patrimonio del Trentino...
View ArticleNanox Imaging PLC v David Schick. A reminder of Gibraltar’s continued use of...
In Nanox Imaging PLC v David Schick 2024/GSC/043, Happold J at the Gibraltar Supreme Court dealt with applications for anti-suit, forum non conveniens and case management stays. Claimant ‘Nanox...
View ArticleLimbu v Dyson. Court of Appeal resoundly overturns finding of forum non...
I reviewed and criticised the successful first instance forum non conveniens challenge by Dyson viz a claim allegations of forced labour at Dyson’s Malaysian Supplier, here. That finding was today...
View ArticlePlaytech software: On direct damage in unfair competition (Article 6 Rome II).
A quick note on Playtech Software ea v Games Global Ltd ea [2024] EWHC 3264 (Ch) in which Thompsell J discussed ia Rome II in an application for service out (of the jurisdiction). As confirmed by...
View ArticleThe unsuccessful appeal in Clifford Chance v SocGen on choice of court in a...
I reviewed the first instance judgment in Clifford Chance v SocGen here. Soc Gen have unsuccessfully appealed, see Clifford Chance LLP & Anor v Societe Generale SA (Rev1) [2025] EWCA Civ 14, with...
View ArticleServis-Terminal LLC v Drelle. A note on recognition v enforcement and on the...
Servis-Terminal LLC v Drelle [2025] EWCA Civ 62 is an interesting case highlighting the difference between recognition and enforcement, and the circumstances in which one may not need formal...
View ArticleAthenian Brewery: The CJEU is less claimant-friendly than its AG in use of...
The CJEU held earlier this morning in C‑393/23 Athenian Brewery SA, Heineken NV v Macedonian Thrace Brewery SA (no language versions available at the time of posting than Dutch and French). My post on...
View ArticleJurisdiction for environmental claims. My speaking notes for the December...
On 12 December 2024 the University of Milan hosted a conference on The Enforcement of the ESG Principles in a Transnational Dimension: Jurisdiction and Applicable Law, under the scientific direction of...
View ArticleHugues Falys v TOTAL. A climate claim engaging heavily with private...
A quick note on Hugues Falys, FIAN, Greenpeace and Ligue des droits humains v Total Energies SE (domiciled at France), in which submissions are being exchanged and hearings are scheduled for 19 and 26...
View ArticleIn essence: Owusu rules. CJEU confirms absence in principle of reflexive...
The CJEU confirmed this morning in C‑339/22 BSH Hausgeräte GmbH v Electrolux AB (no language versions other than French and Swedish at the time of posting) that in principle Brussels Ia’s exclusive...
View ArticleSocietà Italiana Lastre. The CJEU (once again ignoring renvoi nb) in strong...
Background to Case C-537/23 Società Italiana Lastre SpA (SIL) v Agora SARL, in which the CJEU held yesterday, is here. The choice of court clause that is the subject of the proceedings reads the court...
View ArticleCJEU on substantive validity and on asymmetric clauses: what we now know, and...
I am much pleased that Dr Brooke Marshall has accepted to write on CJEU Lastre for the blog. Dr Marshall has written the guiding volume on the issue (highlights of the book’s launch are here). True to...
View ArticleLiverpool Fans v UEFA. The High Court rejects suggestion Foreign Act of State...
I could not quite think of a catchier title conveying both the plus (claim will continue to be heard in England) and the minus (the discussion having already caused considerable delay), without...
View ArticleDa Silva v Brazil Iron. High Court, applying the Court of Appeal’s approach...
[If you do use the blog for research or database purposes, citation would be appreciated, to the blog as a whole and /or to specific blog posts. Many have suggested I should turn the blog into a paid...
View ArticleIDBI Bank v Axcel Sunshine. A good illustration of the purely domestic...
[If you do use the blog for research or database purposes, citation would be appreciated, to the blog as a whole and /or to specific blog posts. Many have suggested I should turn the blog into a paid...
View ArticleApplicable law in follow-on competition cases. Dutch Supreme Court refers to...
[If you do use the blog for research or database purposes, citation would be appreciated, to the blog as a whole and /or to specific blog posts. Many have suggested I should turn the blog into a paid...
View ArticleTruck cartel. Dutch Supreme Court minded to refer to the CJEU on Rome II’s...
[If you do use the blog for research or database purposes, citation would be appreciated, to the blog as a whole and /or to specific blog posts. Many have suggested I should turn the blog into a paid...
View ArticleQuilombola v Norsk Hydro. A late flag on burden of proof for statute of...
[If you do use the blog for research or database purposes, citation would be appreciated, to the blog as a whole and /or to specific blog posts. Many have suggested I should turn the blog into a paid...
View ArticleCommercial Bank of Dubai v Al Sari. Approaching ‘purely economic loss’ in...
[If you do use the blog for research or database purposes, citation would be appreciated, to the blog as a whole and /or to specific blog posts. Many have suggested I should turn the blog into a paid...
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