On Thursday 4th May 2023 Mr Justice Martin Spencer handed down judgment in the conjoined appeals Nicholls v Mapfre & Woodward v Mapfre, adding another appellate decision to the line of cases on the hard fought issue of the correct approach to Spanish Interest in Rome II cases. By way of overview, in both cases…
Read moreLimitation and Rome II: is service a matter of procedure?
In Pandya v Intersalonika General Insurance Co SA [2020] EWHC 273 (QB), Tipples J considered as a preliminary issue whether the claimant’s case should be struck out on the basis that it was time-barred. The case involves an interesting analysis of whether service will be treated as a matter of evidence and procedure under art….
Read moreBrownlie back in the High Court: Claimant allowed to serve on substitute defendant
Regular readers of this blog will recall our article on the Supreme Court’s judgment in Four Seasons Holdings Incorporated v Brownlie [2017] UKSC 80 (here). In an order drawn up in July 2018, the Supreme Court directed that all consequential matters should be remitted to the High Court and that the Claimant had permission to…
Read moreJurisdiction and Applicable Law Post-Brexit: A Refresher
This blog post is by Spencer Turner of 12 King’s Bench Walk. With ‘exit day’ looming on 31st October 2019 and the very real possibility of a no-deal Brexit, it seems to a be a good time to set out a refresher on jurisdiction and applicable law in the event of a no-deal Brexit.
Read moreThe Draft Withdrawal Agreement – headlines for cross-border practitioners
It will not have escaped our readers’ notice that last week the UK and the EU released the draft text of a withdrawal agreement covering the UK’s exit from the EU. In a nutshell, the key provisions governing applicable law and jurisdiction are as follow. Article 66 covers applicable law. It provides: The Rome I…
Read moreAsbestos Exposure and Choice of Law – Docherty Revisited
This blog post is by James Beeton of 12 King’s Bench Walk. In May we considered the decision of the Outer House of Scotland’s Court of Session in Docherty v Secretary of State for Business, Innovation and Skills [2018] CSOH 25 in this blog post. The question for the court to consider may be summarised…
Read moreCommitteri v Club Mediterranée SA and Anor [2018] EWCA Civ 1889 – Package Travel, Rome I and II
In this blog, James Beeton of 12 King’s Bench Walk considers the decision in Committeri v Club Mediterranée SA [2018] EWCA Civ 1889, which was handed down yesterday. The case involved an appeal against the decision of Dingemans J ([2016] EWHC 1510 (QB) – considered in an earlier blog post here). It provides guidance on (i) the…
Read moreAsbestos Exposure and Choice of Law – The View from Scotland
This blog post is by James Beeton of 12 King’s Bench Walk. In Docherty v Secretary of State for Business, Innovation and Skills [2018] CSOH 25, the Outer House of Scotland’s Court of Session considered the following question: Where a man, while working in Scotland, inhales asbestos fibres that cause him injury after he…
Read morePickard v Marshall, the MIB and others [2017] EWCA Civ 17 – Rome II and manifestly closer connections
The blog is by David Green of 12 King’s Bench Walk. Cranston J refused permission to appeal against Dingemans J’s judgment in Marshall v the MIB, Pickard and others [2015] EWHC 3421 (QB) on an important point of construction of Article 4 of the Rome II Regulations.
Read moreKXL (1) NXR (2) MXD (3) v Nicholas Murphy (1) The Society of Missionaries of Africa (“The White Fathers”) (2) [2016] EWHC 3102 (QB) – Applicable law and foreign limitation periods
This case concerned allegations of historic sexual abuse against three claimants who at the time of the alleged abuse were children living in Uganda. The preliminary issue before the court was a matter of applicable law: whether the Ugandan limitation period applied so that the claim was statue barred.
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