Litigation Notes
Tag: jurisdiction
Showing 96 out of 99 results
Court of Appeal holds direct damage in England required for permission to serve tort claim outside the jurisdiction
The Court of Appeal has held that direct damage in the jurisdiction is required to come within the tort jurisdictional gateway in the CPR, effectively …
Commercial Court finds forum non conveniens waiver clause does not necessarily preclude stay on grounds of forum non conveniens
The Commercial Court has held that a non-exclusive jurisdiction clause combined with a forum non conveniens (FNC) waiver clause does not preclude the …
CJEU confirms validity of jurisdiction clauses agreed electronically by "click-wrapping"
In a very recent decision, the Court of Justice of the EU has clarified the requirement under the Brussels Regulation for a jurisdiction agreement to be …
French Supreme Court refuses to apply a unilateral jurisdiction clause
In a recent decision, the French Supreme Court (Cour de cassation) has again refused to apply a unilateral jurisdiction clause. A unilateral jurisdiction …
Court of Appeal considers conflicting jurisdiction clauses in insurance service agreements
In the recent case of Trust Risk Group SPA v AmTrust Europe Ltd [2015] EWCA Civ 437 the Court of Appeal held that there was a good arguable case that the …
Supreme Court takes restrictive approach to the opening of secondary proceedings in England under EC Insolvency Regulation
The Supreme Court has held that, in order to open secondary proceedings in England under EC Regulation 1346/2000 on Insolvency Proceedings, the …
Inconsistent dispute resolution clauses – Commercial Court emphasises presumption of “one-stop adjudication”
The Commercial Court has found that an arbitration clause in a consultancy agreement was superseded by an exclusive English jurisdiction clause in a …
Article published on changes to jurisdiction rules under recast Brussels Regulation
The recast Brussels Regulation has introduced significant changes to the EU rules on jurisdiction and the enforcement of judgments for proceedings …
When can the court stay proceedings against an English domiciled defendant in favour of proceedings in a non-EU court?
The High Court has held that it had power to stay proceedings against an English domiciled defendant in favour of the courts of Western Australia, as the …
Contracts with consumers – where can a business sue and be sued?
Where a business has directed its activities to an EU member state in which a consumer is domiciled, two consequences follow: (i) it can generally only …
Recast Brussels Regulation applies to proceedings commenced from today onwards
The recast Brussels Regulation introduces significant changes to the EU rules on jurisdiction and the enforcement of judgments for proceedings commenced …
Court of Appeal upholds award of damages for breach of English jurisdiction agreement
The Court of Appeal has held that it did not infringe EU law to bring a claim for damages for breach of a settlement agreement, and the jurisdiction …
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