This blog is by Megan Griffiths. It is rare that a trial of preliminary issues in the Commercial Court attracts as much mainstream media attention as Deutsche Bank v Receivers / Central Bank of Venezuela v Bank of England [2020] EWHC 1721 (Comm). But the issues determined in the judgment handed down by Mr Justice…
Read moreShipbreaking, applicable law, and the duty of care
In this blog post John-Paul Swoboda and his pupil, Cressida Mawdesley-Thomas, consider the recent judgment of Jay J in Begum (on behalf of Mollah) v Maran (UK) Ltd [2020] EWHC 1846 (QB). This judgment is well worth reading for at least two reasons. First, it highlights the dangerous practice of shipbreaking on tidal beaches such…
Read moreHigh Court applies Spanish Baremo
In this blog, David White considers Scales v Motor Insurers’ Bureau [2020] EWHC 1747 (QB). This is an important judgment in that it is (as far as the writer is aware, at least) the first reported decision of one of the senior courts of England and Wales (High Court or above) regarding the application of…
Read moreEuropean Commission begins infringement proceedings against Member States for failure to comply with EU law on protecting the rights of consumers and travellers
In the ongoing refunds saga, the EU has, as of 2 July 2020, begun infringement proceedings against the Czech Republic, Cyprus, Greece, France, Italy, Croatia, Lithuania, Poland, Portugal and Slovakia on the grounds that their national rules infringe EU law on consumers’ and travellers’ rights. In this blog, Spencer Turner updates us on the current…
Read moreComity, performance, and illegality under foreign law
This blog by Achas Burin considers the recent case of Colt Technology v SG Global Group [2020] EWHC 1417 (Ch). Colt Technology, a company incorporated in the UK, successfully applied to restrain a winding up petition sought by SG Global (‘SGG’), an Italian company. The court based its judgment on the principle in Ralli Brothers v Compania…
Read moreDefault judgment against anchor defendant closes the “necessary and proper party” service gateway
This blog by Henry King considers the recent decision in Satfinance Investments Limited v Inigo Philbrick and ors [2020] EWHC 1261 (Ch). The key point in this case was Chief Master Marsh’s interpretation of the CPR 6BPD 3.1(3) “necessary and proper party” service gateway. This is a significant decision for those involved in cross-border claims…
Read moreJurisdiction clauses – they mean what they say
In this blog, Spencer Turner considers the recent decision of Ridley v Dubai Islamic Bank PJSC [2020] EWHC 1213 (Comm). The background to this case is unusual, extensive and interesting. The key points are these: What happens when (i) the claimant gets permission to serve abroad; (ii) the defendant challenges the grant of permission; but…
Read moreAnti-suit injunctions: lessons from two recent cases
The High Court has a general power to grant injunctions under s. 37(1) of the Senior Courts Act 1981. An “anti-suit injunction” orders a party to cease to pursue, or not to commence, court proceedings. It may be granted where foreign proceedings will infringe a relevant substantive legal or equitable right (such as a contractual…
Read moreOdenbreit and territorial restriction clauses: a new twist from the CJEU
In Case C‑581/18 RB v TÜV Rheinland LGA Products GmbH, Allianz IARD SA, the CJEU rejected a challenge to a territorial restriction clause in a liability insurance contract brought on the basis that it amounted to discrimination on grounds of nationality contrary to art. 18 TFEU. The ruling may be said to represent a blow…
Read moreConsent to risk and movie stunts: a recent ruling from South Africa
During filming for Resident Evil: The Final Chapter in South Africa, UK-based stuntwoman Olivia Jackson was involved in a serious collision with a camera boom while riding a motorcycle. Ms Jackson suffered a number of serious injuries, including facial scarring, nerve damage and an above-elbow arm amputation. The liability insurance policy for the film did…
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