AMT 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…

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Keefe v Hoteles Piñero Canarias SL to be heard by Supreme Court

Philip Mead, a member of 12KBW’s International and Travel team, appears in the Supreme Court tomorrow, in an important case about cross-border tort and insurance jurisdictional disputes. This blog will feature a write-up of the submissions heard by the court after the hearing. Philip appears for the appellant, a Spanish hotel company, in Keefe v Hoteles Pinero Canarias…

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His 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…

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PHP 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…

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Harry Roberts (A Child) (Claimant) v (1) SSAFA (2) MoD (Defendants/Part 20 Claimants) & Allgemeines Krankenhaus Viersen GMBH (Third Party) [2016] EWHC 2744 (QB): Jurisdiction & the Brussels Recast Regulation

This blog is by Oliver Rudd of 12 King’s Bench Walk The importance of (i) drafting a properly formulated application notice; and (ii) a thorough consideration of all extant contractual documentation and related evidence were starkly highlighted in this case in which the Court held that it did have jurisdiction to entertain Part 20 proceedings…

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Al-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”)…

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Committeri v (1) Club Mediterranée SA (2) Generali Assurances Iard SA [2016] EWHC 1510 (QB) – Package Travel Regulations, Jurisdiction, Rome I, Rome II

This blog post is by James Beeton of 12 King’s Bench Walk. This interesting jurisdictional dispute involved an examination of the nature of a package tour operator’s duty of care – is the duty contractual or non-contractual? The answer to this question raised corresponding issues as to the applicability and effect of Rome I and II.

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