I am grateful to Marie Louise Kinsler QC of 2 Temple Gardens for letting me know that the Court of Appeal has granted permission to the Defendant to appeal on all points arising out of its recent ruling in the revived Brownlie litigation (discussed here). The appeal judges also recommended that any appeal be expedited….
Read moreCourt of Appeal rules in revived Brownlie litigation
A summary of the background to this case is set out in a previous blog post on the first instance decision here. On appeal under the citation FS Cairo (Nile Plaza) LLC v Brownlie [2020] EWCA Civ 996, the Court of Appeal ruled on: whether the tort gateway for service out of the jurisdiction could…
Read moreNew authority on Service Regulation and insurance provisions of Brussels I (Recast)
In The London Steam-Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain [2020] EWHC 1920 (Comm), Butcher J considered four related Part 11 applications arising in four related sets of court proceedings. The factual background involved claims against the states of Spain and France for failures to honour arbitral awards or to abide…
Read moreHigh Court denies Nicolás Maduro access to $1 billion in Venezuelan gold held by Bank of England
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…
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