In this blog post, Elizabeth Boulden of 12 King’s Bench Walk looks at the recent case of Gray v Hurley [2019] EWCA Civ 2222. This explores the interesting question of whether art. 4(1) of Brussels I (Recast) gives rise to an enforceable right which obliges a court to grant an anti-suit injunction to prevent a party…
Read moreThomas Cook mini-series – (2) Alternative avenues for claimants
This blog by Philip Mead forms part of a series on the aftermath of the collapse of the package holiday provider Thomas Cook. A previous blog covers the rights of injured claimants to pursue a remedy where a purchase was made with a credit card. Philip assesses other possible avenues against alternative defendants.
Read moreKeefe question to go back to CJEU
In Cole and Others v IVI Madrid SL and Zurich Insurance Plc (Unreported) QBD, 24 September 2019, the court decided to refer to the CJEU the question of whether it was a requirement of art. 13(3) that, for an injured person to make a parasitic claim against the insured, the claim against the insured had…
Read moreJurisdiction and foreign hotels post-Keefe
This blog post is by Spencer Turner of 12 King’s Bench Walk. In Lackey v Mallorca Mega Resorts and Anor [2019] EWHC 1028 (QB), Master Davison held that the Claimant, who had been paralysed as a result of an accident at a holiday resort, could sue a Spanish hotel and its insurer in England. There…
Read moreThe Draft Withdrawal Agreement – headlines for cross-border practitioners
It will not have escaped our readers’ notice that last week the UK and the EU released the draft text of a withdrawal agreement covering the UK’s exit from the EU. In a nutshell, the key provisions governing applicable law and jurisdiction are as follow. Article 66 covers applicable law. It provides: The Rome I…
Read moreAssens Havn v Navigators Management (UK) Limited Case C-368/16 – jurisdiction clauses, third party actions against insurers
This blog post is by Philip Mead of 12 King’s Bench Walk. Claims in matters relating to insurance: does an exclusive jurisdiction clause between the insurer and the policyholder bind a third party bringing a direct right of action against the insurer? No, held the Court of Justice of the European Union in Case C-368/16,…
Read moreKeefe v Hoteles Piñero Canarias SL – Judgments Regulation, Jurisdiction, Insurers
On Tuesday 7 March 2017, the Supreme Court heard submissions in this important case concerning jurisdiction under the Judgments Regulation. Philip Mead of 12 King’s Bench Walk appeared for the Appellant (led before the Supreme Court by James Collins QC). This blog summarises the submissions heard by the court.
Read moreAMT Futures Limited v Marzillier, Dr Meier & Dr Gunter Rechtsanwaltsgesellschaft mbH [2017] UKSC 13 – Judgments Regulation, art. 5(3)
In this blog post, Philip Mead of 12 King’s Bench Walk considers the recent Supreme Court judgment on the application of Council Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (“the Judgments Regulation”), Article 5(3) in respect of a dispute which at its heart concerned the giving of…
Read moreKeefe v Hoteles Piñero Canarias SL to be heard by Supreme Court
Philip Mead, a member of 12KBW’s International and Travel team, appears in the Supreme Court tomorrow, in an important case about cross-border tort and insurance jurisdictional disputes. This blog will feature a write-up of the submissions heard by the court after the hearing. Philip appears for the appellant, a Spanish hotel company, in Keefe v Hoteles Pinero Canarias…
Read morePHP v Tobacco Carib Sarl v BAT Caribbean SA [2016] EWHC 3377 (Comm): Brussels Recast & third party claims
This blog is by Max Archer of 12 King’s Bench Walk. The claimant in this case was French company engaged in importing tobacco products to Guadeloupe and Martinique. The defendant was Panamanian company within the wider BAT corporate group. The claimant had a five-year distribution agreement with the defendant. The agreement provided for English…
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