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 moreBrexit and the Government White Paper: Are the Civil Judicial Cooperation plans Realistic?
In this blog, which follows on from Philip Mead’s recent post explaining the legal implications the Government’s recent White Paper (Cm 9593), Patrick Vincent suggests that the Lugano Convention has been wrongly worded and wrongly translated – but that even if corrected it will not help the UK achieve post-Brexit civil judicial cooperation with the…
Read moreMIDTOWN ACQUISITIONS LP V ESSAR GLOBAL FUND LTD [2017] EWHC 519 – ENFORCEMENT OF FOREIGN JUDGMENTS
If it looks like a duck, swims like a duck and quacks like a duck… In this blog post, Patrick Vincent of 12 King’s Bench Walk looks at a recent attempt to escape enforcement of a New York judgment in England on various grounds. The Claimant obtained two judgments for a total of US$587m in…
Read moreHis Royal Highness Okpabi v Royal Dutch Shell Plc, Lucky Alame v Royal Dutch Shell Plc [2017] EWHC 89 (TCC); Jurisdiction and international environmental group actions
This post is by Aliyah Akram of 12 King’s Bench Walk. The case involved 42,500 residents of the Niger Delta, from two different communities, who sought to bring a claim in the High Court for damages arising from environmental pollution caused by, they alleged, oil spills from the Defendants’ pipelines. The claim was brought against…
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…
Read moreFUJIFILM KYOWA KIRIN BIOLOGICS CO LTD v (1) ABBVIE BIOTECHNOLOGY LTD (2) ABBVIE LTD [2016] EWHC 2204 (Pat); Jurisdiction gateways and service out of the jurisdiction
This case comment is by Aliyah Akram of 12 King’s Bench Walk. In this patents case the High Court gave detailed consideration to the service out of the jurisdiction gateways.
Read moreAl-Saadoon & Others v Secretary of State for Defence [2016] EWCA Civ 811 – ECHR, Jurisdiction, art. 3, art. 5, UNCAT
This blog post is by James Beeton of 12 King’s Bench Walk. This important case considered in detail a number of issues arising under the European Convention on Human Rights (“ECHR”): the scope of the Convention’s extra-territorial effect, investigative obligations under articles 3 and 5, and the impact of the UN Convention Against Torture (“UNCAT”)…
Read moreBrexit & Conflict of Laws: Part 3
John-Paul Swoboda
In the final part of this series I look at how English law’s approach to the choice of applicable law may change post Brexit. For historical and political reasons the change may be radical. I conclude this series of blogs by making tentative predictions as to how English law’s approach to the conflict of laws…
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.
Read moreBrexit & Conflict of Laws: Part 2
John-Paul Swoboda
To understand how the situation might change post Brexit, one first has to consider the status quo. Council Regulation (EC) No 1215/2012, aka Brussels Recast, aka Judgment Regulation Recast, aka Brussels II, determines matters of jurisdiction for EU members apart from Denmark who opted out of the Regulation. As an EU regulation, Brussels II has…
Read more