This blog by Philip Mead of 12 King’s Bench Walk describes the approach adopted by the Government to negotiations with the EU as set out in the White Paper (Cm 9593) published on 12 July 2018, with particular reference to international and travel claims involving employment and personal injury.
Read moreAAA & ORS v (1) UNILEVER PLC (2) UNILEVER TEA KENYA LTD (2018) [2018] EWCA Civ 1532: the corporate veil remains a tightly woven garment
This blog is by Lois Aldred of 12 King’s Bench Walk. The Court of Appeal recently handed down its judgment in AAA & Others v Unilever PLC and Unilever Tea Kenya Limited. This is the latest in a series of Court of Appeal considerations of the extent of corporate liability of parent companies for acts or…
Read moreService out of the jurisdiction and ‘damage’ – our take on Four Seasons Holdings Incorporated v Brownlie
In this blog post, Kate Boakes of 12 King’s Bench Walk provides a fresh perspective on the implications of the Supreme Court’s decision in Four Seasons Holdings Incorporated v Brownlie [2017] UKSC 80. The entire judgment, including in particular the Court’s lengthy obiter discussion of the functioning of the CPR’s jurisdictional gateways, is required reading for private international…
Read moreJurisdiction, Joinder and Limitation: Spring v Ministry of Defence & Anor
In this blog post, Max Archer of 12 King’s Bench Walk considers the recent decision of Spring v Ministry of Defence & Evangelisches Krankenhaus Bielefeld gGmbH [2017] EWHC 3012 (QB). Master Yoxall considered issues of jurisdiction and joinder out of time for limitation purposes under the Recast Brussels Regulation.
Read moreLungowe & Ors v Vedanta Resources Plc v Konkola Copper Mines Plc [2017] EWCA Civ 1528: Anchoring defendants, and suing the parent for the sins of their subsidiaries
This blog is by John-Paul Swoboda of 12 King’s Bench Walk. Chandler v Cape [2012] EWCA Civ 525 was described in the Economist as “A little-noticed court case with big implications”[1]. That was because it was the first time a parent company had successfully been sued for, as the Economist put it, the sins of their…
Read moreGuest Post – Williams vs Mapfre: The justice system of England and Wales slips up badly
This guest post is by Carlos Villacorta Salís of BCV Lex. An alternative version of the article (with link to Spanish language version) appears on the firm’s website here. It should be noted that the view expressed below has been indirectly confirmed by the recent CJEU decision in Case C-368/16, Assens Havn v Navigators Management (UK) Limited…
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 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 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 more