Litigation Notes
Tag: international litigation
Showing 72 out of 203 results
Service Regulation and Taking of Evidence Regulation will cease to apply post-Brexit
The government has published a draft statutory instrument, the Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation …
High Court finds exclusive jurisdiction provisions in recast Brussels Regulation only apply to EU Domiciled defendants
The High Court has held that article 24(5) of the recast Brussels Regulation, which gives exclusive jurisdiction to the court where a judgment is to be …
Court of Appeal holds no permission required to serve committal application on director out of the jurisdiction, where the court had jurisdiction to make the original order against him
The Court of Appeal has held that, where a court had jurisdiction to make an order for examination of a company director based on his presence in the …
Brexit "no deal" notice on jurisdiction and enforcement of judgments
As part of its second batch of "no deal" technical notices, the government has today published a guidance notice entitled: Handling civil legal cases …
New podcast - English governing law and jurisdiction clauses after Brexit
On the new Herbert Smith Freehills Podcast channel, Anna Pertoldi, Maura McIntosh and Tom Henderson discuss what businesses need to know about the …
Court of Appeal finds ISDA jurisdiction clause trumps 'theoretically competing' clause in separate agreement governing wider relationship
Consistent with recent authority, the Court of Appeal has given primacy to an English jurisdiction clause in an ISDA Master Agreement (overturning the …
Court of Appeal re-opens gateway for service of claims against foreign parties in respect of transactions defrauding creditors
Disagreeing with the High Court, the Court of Appeal has ruled that a claim by a creditor under section 423 of the Insolvency Act 1986 falls within the …
Court of Appeal gives wide interpretation to common law gateways for service out of the jurisdiction
The Court of Appeal has given a wide interpretation to the interaction between the "necessary or proper party" gateway and the relatively new gateway …
High Court holds ISDA jurisdiction clause trumps competing jurisdiction clause in separate but related agreement
In a recent decision, the High Court found that the jurisdiction clause in a 1992 ISDA Master Agreement was effective over a 'competing' jurisdiction …
Brexit White Paper reiterates aims for civil judicial cooperation
The UK government has today published its White Paper detailing its proposal for the future relationship between the UK and the EU. The short section on …
Holding company liability for acts of a subsidiary: Court of Appeal finds English court lacks jurisdiction on basis no duty of care owed
In the latest in a line of jurisdiction rulings in cases of so-called "class action tourism", the Court of Appeal has held that the English …
Anti-suit injunction refused for EU proceedings but granted for non-EU proceedings
In a recent decision, the High Court refused to grant an anti-suit injunction to restrain Cypriot court proceedings brought in breach of an …
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