In this blog’s final post before 12KBW’s International and Travel team enjoy a well-earned break over the festive period, John Paul Swoboda decodes the Court of Appeal’s recent judgment in Limbu v Dyson Technology Ltd & ors [2024] EWCA Civ 1564. All that remains is for the Editor, on behalf of the whole team at…
Read moreService, jurisdiction and forum conveniens post Brexit
The High Court has handed down an interesting judgment on service, jurisdiction and forum conveniens post Brexit. In this post, Alex Carington considers the decision of Master McCloud in Charlton v Deffert [2022] EWHC 2378 (KB) in which he successfully defended a jurisdiction challenge by the Defendant. A copy of the judgment can be found…
Read moreDefendant denied full costs despite winning forum challenge
Once parties to jurisdiction challenges appreciate the adverse costs consequences of not taking a realistic approach to the three true issues that arise the sooner these applications will take less time, consume less public resources and get disposed of more quickly. Here’s a neat point for claimants facing a big costs bill at the end…
Read moreForum disputes: “get it right first time”
As I said at the outset, I was persuaded to give permission to appeal because it appeared that a question of principle might arise. With the benefit of argument, I doubt whether that is so. However, this appeal will have served a useful purpose if it underlines the importance, in this context as elsewhere, of…
Read moreForum conveniens
We previously wrote about how, following the Supreme Court’s approach in Brownlie II, the likelihood is that “proper forum” disputes will form a major battleground in future international injury litigation. It seems that the first wave of such cases is already arriving, as illustrated by the recent failure of a forum challenge in Klifa v…
Read moreBill Kenwright Limited v Flash Entertainment FZ LLC [2016] EWHC 1951 (QB) – Service, Gateways and Forum Non Conveniens
This case comment is by Kate Boakes of 12 King’s Bench Walk. Haddon-Cave J’s judgment sets out practical guidance on issues of jurisdiction, forum non conveniens, contract formation, and alternative service in the context of service out of the jurisdiction.
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