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 moreKeefe 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…
Read moreHis 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…
Read morePHP 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…
Read moreHarry 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…
Read moreAl-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”)…
Read moreCommitteri 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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