Litigation Notes
Tag: jurisdiction
Showing 48 out of 99 results
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 …
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 …
Denmark joins Hague Convention on Choice of Court Agreements
On 30 May 2018, Denmark deposited its instrument of accession to the Hague Convention on Choice of Court Agreements, which means that the Convention …
Dispute resolution clauses: Putting yourself in the best position
All too often, dispute resolution clauses may be treated as part of the boilerplate: the usual wording thrown in, with perhaps little thought for the …
Supreme Court holds English court has jurisdiction over tort claim where conspiracy hatched in England
The Supreme Court has held that the place of the event giving rise to damage in a claim alleging the tort of conspiracy to injure by unlawful means is …
Court of Appeal confirms English Court lacks jurisdiction over claims against UK domiciled parent company in relation to acts of subsidiary abroad
The Court of Appeal has held that the English court does not have jurisdiction to hear claims against two companies in the Shell group (domiciled in the …
Supreme Court considers that there is no requirement of direct damage in England for permission to serve tort claim outside the jurisdiction at common law
The Supreme Court has found, by a majority and in obiter comments, that direct damage in the jurisdiction is not required to come within the tort …
Showing 48 out of 99 results
View more