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…

Read more

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…

Read more

Lis pendens under Brussels I (Recast): two recent cases

In this blog post, Lizzie Boulden considers two recent cases applying the lis pendens provisions of Brussels I (Recast). They are: The Federal Republic of Nigeria v Royal Dutch Shell Plc and Ors [2020] EWHC 1315 (Comm) and Awendale Resources Incorporated v Pyxis Capital Management Ltd [2020] EWHC 1286 (Ch). It will be recalled that,…

Read more

UK post-Brexit Lugano accession thrown into doubt

This blog is by Spencer Turner of 12 King’s Bench Walk. The UK Government has outlined its intention to accede to the Lugano Convention post-Brexit. Accession to the Convention would preserve the essentials of the current regime, in that it would provide for a reciprocal arrangement under which English and other European courts would apply…

Read more

Italian torpedo still applies to Lugano proceedings

The UK recently formally requested accession to the Lugano Convention. This is likely to represent the touchstone for English jurisdiction in the near future. How timely, then, is the judgment of Waksman J last week in Mastermelt Ltd v Siegfried Evionnaz SA [2020] EWHC 927 (QB), which neatly highlights one of the persisting deficiencies of…

Read more

Supreme Court rules on “weaker party” in cross-border insurance claims

Although the Supreme Court’s rulings on vicarious liability and surrogacy costs may have stolen the limelight yesterday, eagle-eyed readers will have spotted the important jurisdiction decision in Aspen Underwriting Ltd & Ors v Credit Europe Bank NV [2020] UKSC 11. The Supreme Court, in overruling the Court of Appeal, made important comments on identification of…

Read more

Jurisdiction – what next?

The “Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community” has been given effect in the UK by the European Union (Withdrawal Agreement) Act 2020. The Withdrawal Agreement is being voted on by the European Parliament today. It must also…

Read more