Category: conflict of laws

Yukos Capital Sarl v OJSC Rosneft Oil Co (No 2) – WLR Daily

Posted June 29th, 2012 in arbitration, conflict of laws, enforcement, law reports, state immunity by tracey

Yukos Capital Sarl v OJSC Rosneft Oil Co (No 2): [2012] EWCA Civ 855;  [2012] WLR (D)  186

“Act of state doctrines did not go so far as to prevent examination of the substantial justice available in the courts of foreign jurisdictions, whether in a particular case or on a systemic basis. Where there was a jurisdiction to enforce a foreign award, it was open to the court to look at whether the case had been fairly decided. Where a party to the litigation was asking the English court to recognise a foreign court decision, the English court must be entitled to decide whether or not to enforce the foreign court decision.”

WLR Daily, 27th June 2012

Source: www.iclr.co.uk

VTB Capital Plc v Nutritek International Corp and others – WLR Daily

Posted June 22nd, 2012 in appeals, assets recovery, company law, conflict of laws, fraud, law reports by tracey

VTB Capital Plc v Nutritek International Corp and others: [2012] EWCA Civ 808; [2012] WLR (D) 181

“There was no such thing in English law as a ‘remedial constructive contract’ and the courts had no jurisdiction to subject parties to contractual obligations under a contract to which neither they, not the only undisputed parties to the contract had ever agreed or intended they should be subject. The Court of Appeal was bound to uphold the principle that it was appropriate to pierce the corporate veil only where special circumstances existed indicating that it was only a façade concealing the true facts. The veil-piercing principle had been developed pragmatically for the purpose of providing a practical solution in particular factual circumstances and could not be invoked wherever it was necessary to do so in the interests of justice and no unconnected third party was involved.”

WLR Daily, 20th June 2012

Source: www.iclr.co.uk

Sulamérica Cia Nacional de Seguros SA and others v Enesa Engenharia SA and others – WLR Daily

Posted May 18th, 2012 in arbitration, conflict of laws, contracts, injunctions, insurance, law reports by sally

Sulamérica Cia Nacional de Seguros SA and others v Enesa Engenharia SA and others [2012] EWCA Civ 638; [2012] WLR (D) 148

“Where a commercial contract contained a choice of law clause exclusively in favour of one country and a jurisdiction clause giving the courts of the same country exclusive jurisdiction, but an arbitration clause by which the seat of the arbitration was to be in a different country, the issue of the proper law of the arbitration clause was a matter of contractual interpretation. The proper law depended on all the terms of the particular contract, when read in the light of the surrounding circumstances and commercial common sense.”

WLR Daily, 16th May 2012

Source: www.iclr.co.uk

F-Tex SIA v Lietuvos-Anglijos UAB „Jadecloud-Vilma“ – WLR Daily

Posted April 27th, 2012 in assignment, conflict of laws, EC law, insolvency, jurisdiction, law reports, setting aside by tracey

F-Tex SIA v Lietuvos-Anglijos UAB „Jadecloud-Vilma“; (Case C-213/10);  [2012] WLR (D)  123

“Where a liquidator assigned a claim to have a transaction set aside derived from the national law applicable to the insolvency proceedings, the claim subsequently made by the assignee against a third party to have the transaction set aside came within the concept of ‘civil and commercial matters’ within the meaning of article 1(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L12, p1) and was no longer covered by the exception in article 2(b) for insolvency proceedings.”

WLR Daily, 19th April 2012

Source: www.iclr.co.uk

Merchant International Co Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy – WLR daily

Posted March 2nd, 2012 in conflict of laws, debts, default judgments, enforcement, foreign jurisdictions, human rights, law reports by tracey

Merchant International Co Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy: [2012] EWCA Civ 196;  [2012] WLR (D)  51

“An English court was entitled to consider whether a foreign judgment obtained in a Convention state had contravened the Human Rights Convention where there was strong factual evidence to rebut the presumption that the procedures of other Convention states complied with article 6. Where a judgment in default had been obtained on a debt established in a foreign final judgment of a Convention state, on an application to set aside the default judgment on the basis of a later judgment of that Convention state given in flagrant breach of article 6, it was a proper exercise of the discretion under CPR r 13.3 to refuse to set aside the default judgment.”

WLR Daily, 29th February 2012

Source: www.iclr.co.uk

Wokuri v Kassam – WLR Daily

Posted February 1st, 2012 in conflict of laws, diplomats, employment, immunity, law reports, news by sally

Wokuri v Kassam [2012] EWHC 105 (Ch); [2012] WLR (D) 13

“A diplomatic agent who had left a mission continued to enjoy immunity in respect of acts performed by him or her in the exercise of his or her functions as a member of that mission within the meaning of article 39(2) of the Vienna Convention on Diplomatic Relations (1961) as scheduled to the Diplomatic Privileges Act 1964. The residual immunity under article 39(2) was, however, less extensive than that enjoyed by a serving diplomat. The former diplomat would not necessarily have immunity in relation to claims by employees carrying out domestic duties.”

WLR Daily, 30th January 2012

Source: www.iclr.co.uk

Realchemie Nederland BV v Bayer CropScience AG (Case C-406/09) – WLR Daily

Posted December 7th, 2011 in conflict of laws, EC law, intellectual property, law reports, news by sally

Realchemie Nederland BV v Bayer CropScience AG (Case C-406/09); [2011] WLR (D) 350

“Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p1) applied to the recognition and enforcement of a decision of a court or tribunal that contained an order to pay a fine in order to ensure compliance with a judgment given in a civil and commercial matter. The costs relating to an exequatur (enforcement) procedure brought in one member state, in the course of which the recognition and enforcement was sought of a judgment given in another member state in proceedings seeking to enforce an intellectual property right, fell within article 14 of Parliament and Council Directive 2004/48/EC of 29 April 2004 on the enforcement of intellectual property rights (OJ 2004 L 157, p 45).”

WLR Daily, 18th December 2011

Source: www.iclr.co.uk

Lucasfilm Ltd and others v Ainsworth and another – WLR Daily

Posted July 28th, 2011 in conflict of laws, copyright, jurisdiction, law reports, Supreme Court by tracey

Lucasfilm Ltd and others v Ainsworth and another [2011] UKSC 39;  [2011] WLR (D)  257

“A judge was entitled to conclude that a helmet worn by a fictional character in a film was not a ‘sculpture’ for the purposes of copyright protection. A claim against a defendant domiciled in England for infringement of a foreign copyright could be justiciable in England.”

WLR Daily, 27th July 2011

Source: www.iclr.co.uk

FKI Engineering Ltd and another v Stribog Ltd – WLR Daily

Posted May 27th, 2011 in conflict of laws, EC law, jurisdiction, law reports, stay of proceedings by sally

FKI Engineering Ltd and another v Stribog Ltd [2011] EWCA Civ 622; [2011] WLR (D) 178

“Where unrelated actions in different member states of the European Union subsequently became related by virtue of the amendment of the earlier action to include an issue related to the later action, the court seised of the later action had a discretion to stay that action on the grounds that it was no longer the court first seised for the purposes of article 28(1) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (‘the Judgments Regulation’).”

WLR Daily, 25th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

High Court judge approves commercial surrogacy – BBC News

Posted May 20th, 2011 in conflict of laws, news, surrogacy by tracey

“A serving High Court judge has told the BBC that he is approving commercial surrogacy agreements made by British couples abroad.”

Full story

BBC News, 19th May 2011

Source: www.bbc.co.uk

Koelzsch v État du Grand-Duché de Luxembourg – WLR Daily

Posted March 21st, 2011 in conflict of laws, contract of employment, EC law, jurisdiction, law reports by sally

Koelzsch v État du Grand-Duché de Luxembourg (Case C-29/10); [2011] WLR (D) 93

“Where an employee carries out activities in more than one contracting state the country in which the employee ‘habitually carries out his work in performance of the contract’, within the meaning of article 6(2)(a) of the Rome Convention on the law applicable to contractual obligations, was that in which or from which, in the light of all the factors which characterised that activity, the employee performed the greater part of his obligations towards his employer.”

WLR Daily, 15th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Carey Group plc and others v AIB Group (UK) plc and another – WLR Daily

Posted March 16th, 2011 in conflict of laws, enforcement, jurisdiction, law reports by sally

Carey Group plc and others v AIB Group (UK) plc and another [2011] EWHC 567 (Ch); [2011] WLR (D) 86

“A person resident or carrying on business in the jurisdiction of England and Wales was at liberty to comply voluntarily with a request or demand of a foreign government agency, based upon foreign public law, without fear of restraint by the English courts, provided only that he thereby committed no wrong actionable under English law.”

WLR Daily, 11th March 2011

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Extradition requests for criminal suspects ‘need better monitoring’ – The Guardian

Posted February 8th, 2011 in conflict of laws, extradition, news by sally

“A senior UK law officer has urged the home secretary to ensure proper monitoring of extradition requests for criminal suspects between member states in Europe, after the failure to bring a German doctor who accidentally killed a patient on his first UK shift to face justice in Britain.”

Full story

The Guardian, 7th February 2011

Source: www.guardian.co.uk

Habibsons Bank Ltd v Standard Chartered Bank (Hong Kong) Ltd – WLR Daily

Posted November 26th, 2010 in administration orders, conflict of laws, contracts, law reports, loans, news by sally

Habibsons Bank Ltd v Standard Chartered Bank (Hong Kong) Ltd [2010] EWCA Civ 1335; [2010] WLR (D) 299

“Where, in the course of a contractual transaction, a document had been altered unilaterally, and the other party sought to rely on the rule in Pigot’s case in submitting that the underlying transaction was thereby rendered void, it was important to draw a distinction between documents which contained or evidenced the transaction and documents which were required to carry it into effect.”

WLR Daily, 25th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Debt Collect London Ltd and another v SK Slavia Praha-fotbal AS – WLR Daily

Posted November 8th, 2010 in conflict of laws, jurisdiction, law reports, service by sally

Debt Collect London Ltd and another v SK Slavia Praha-fotbal AS [2010] EWCA Civ 1250; [2010] WLR (D) 281

“The proviso in art 30.1 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition of judgments in civil and commercial matters (the Judgments Regulation) disapplied the general rule that the court was deemed to be seised of proceedings when they were lodged. Its effect, in a case where there had been a continuing failure by the claimant, having lodged proceedings in the court of one member state, to take the further step of paying the court fee which was required before service could be effected, was to enable the court of another member state in which proceedings had later been issued nevertheless to be deemed to have been first seised of proceedings between the same parties.”

WLR Daily, 5th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Wood Floor Solutions Andreas Domberger GmbH v Silva Trade SA – WLR Daily

Posted March 19th, 2010 in conflict of laws, jurisdiction, law reports by sally

Wood Floor Solutions Andreas Domberger GmbH v Silva Trade SA (Case C-19/09); [2010] WLR (D) 77

“Where services were provided in several member states of the European Union, the court which had jurisdiction to hear and determine all the claims arising from the contract was the court in whose jurisdiction the place of the main provision of services was situated. For a commercial agency contract, that place was the place of the main provision of services by the agent, as it appeared from the provisions of the contract or, in the absence of such provisions, the actual performance of that contract or, where it could not be established on that basis, the place where the agent was domiciled.”

WLR Daily, 18th March 2010

Source: www.lawreports.co.uk

Please note once a case has been full reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Cavel USA, Inc and another v Seaton Insurance Co and another – WLR Daily

Posted December 18th, 2009 in agency, conflict of laws, fraud, jurisdiction, law reports by sally

Cavel USA, Inc and another v Seaton Insurance Co and another [2009] EWCA Civ 1363; [2009] WLR (D) 369

“The concept of fraud in the English commercial law context in a case having an international flavour was much wider than the concept of deceit flowing from a fraudulent misrepresentation and could extend to cases without the need to establish the element of dishonesty of the person against whom the fraud was alleged.”

WLR Daily, 17th December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re I (A Child) – WLR Daily

Posted December 4th, 2009 in conflict of laws, contact orders, domicile, EC law, law reports by sally

In re I (A Child) [2009] UKSC 10; [2009] WLR (D) 351

“The right of parties in child contact proceedings to opt in to the jurisdiction of an EU country which would not otherwise have jurisdiction to determine the child’s future, contained in art 12.3 of Council Regulation (EC) No 2201/2003 on jurisdiction and enforcement in matrimonial and parental responsibility matters (‘Brussels II Revised’), could apply when the child was habitually resident outside the European Union.”

WLR Daily, 3rd December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Rome I comes into force, clarifies whose laws apply to contract disputes – OUT-LAW.com

Posted December 4th, 2009 in conflict of laws, contracts, news by sally

“Companies that negotiate contracts without specifying which country’s law should govern any contractual disputes between them will face a new legal regime in two weeks’ time. From 17th December, a new EU law, Rome I, will decide which law should apply.”

Full story

OUT-LAW.com, 3rd December 2009

Source: www.out-law.com

Martin v Secretary of State for Work and Pensions – WLR Daily

Posted December 1st, 2009 in benefits, conflict of laws, France, law reports, trusts by sally

Martin v Secretary of State for Work and Pensions [2009] EWCA Civ 1289; [2009] WLR (D) 346 

“Although English law might be the law applicable to the question whether a property in France, registered in the name of an income benefit claimant domiciled in England, was held on an implied trust for another, nevertheless, where the whole focus of the admitted common intentions of the claimant and the alleged beneficiary was on the provisions of French succession law as having the closest connection to the property, a social security commissioner was entitled to conclude that French law applied, with the result that there was no implied trust, the claimant was the beneficial owner of the property, and his capital, for income support purposes, exceeded the prescribed amount.”

WLR Daily, 27th November 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.