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,…

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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…

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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…

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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…

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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…

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Thomas 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.

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Keefe 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…

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