Can you strike out without submitting to the jurisdiction?

We know from cases like PJSC Bank “Finance And Credit” & Anor v Valentynovich & Ors [2021] EWHC 2522 (Ch) at [67] and Tsareva v Ananyev [2019] EWHC 2414 (Comm) at [60] that defendants have been allowed to issue conjoined applications disputing the court’s jurisdiction while simultaneously applying for strike-out or summary judgment without this…

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The Montreal Convention and the “fifth jurisdiction”

In Akulinina and Kondrashova -v- Ifly S.A. the High Court considered, for the first time, the jurisdiction provisions in Article 33(2) of the Montreal Convention. These provisions are often referred to as providing the Convention’s “fifth jurisdiction” (being an additional basis of jurisdiction beyond the four identified in Article 33(1)). Spencer Turner considers the important…

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Odenbreit rule covers subrogated claims

Today we have another “historical interest” case to be filed away with last week’s CJEU ruling on parasitic claims against policyholders. Hill v Generali Zrt [2021] EWHC 3381 (QB) concerned an English motorist who was involved in an accident with a car in Germany. The other car was insured by the Defendant. This was a…

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CJEU: Keefe was wrong

The CJEU has today handed down judgment in Case C-708/20, BT. We blogged on the background to this judgment here. The CJEU held that an injured party bringing a direct claim in the injured party’s domicile against an insurer cannot use article 13(3) of Brussels I (Recast) to establish jurisdiction against the insured in the…

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CJEU to rule on Keefe question

The CJEU is coming to town with an early Xmas present: I am of course talking about the much anticipated ruling on the so-called “Keefe question” as referred by DJ Hennessy at the last possible moment in Tattersall v Seguros Catalana Occidente SA and Basque (Unreported) Birkenhead County Court, 31 December 2020. The question concerns whether…

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Don’t hold out hope for future UK Lugano accession

It is old news that the UK’s bid to join the Lugano Convention has stalled and been kicked into the political long grass. We previously blogged about the reasons given by the EU Commission for opposing UK Lugano Convention membership. Specifically: For the European Union, the Lugano Convention is a flanking measure of the internal…

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Default judgments and invalid service – CPR Part 11 or Part 13?

We previously blogged about the options available to a foreign defendant who wishes to challenge a default judgment entered against them. Where the defendant accepts that they were validly served but wishes to challenge the court’s jurisdiction, they may choose to proceed purely under CPR Part 11 without combining this with an alternative application to…

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Brownlie II mini-series: (2) The tort gateway

This is the second blog in our new series on the Supreme Court’s recent decision in the Brownlie litigation. For a discussion of the background and the key elements of the decision itself, have a look at Peter Hale’s excellent first blog in this series. A reminder that the two issues for the Court to…

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Brownlie II mini-series: (1) The decision

A week ago, the Supreme Court gave its much anticipated second ruling in the Brownlie litigation. The background to this important decision should be familiar by now. Those wanting a refresher can see our earlier blogs on the last Supreme Court decision, the High Court’s decision in the reconstituted litigation, and the Court of Appeal’s…

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