Category: conflict of laws

Catalyst Investment Group Ltd v Lewinsohn and others; Catalyst Investment Group Ltd and another v Lewinsohn and another; ARM Asset-Backed Securities SA v Lewinsohn and another – WLR Daily

Posted August 7th, 2009 in conflict of laws, EC law, jurisdiction, law reports, stay of proceedings by sally

Catalyst Investment Group Ltd v Lewinsohn and others; Catalyst Investment Group Ltd and another v Lewinsohn and another; ARM Asset-Backed Securities SA v Lewinsohn and another [2009] EWHC 1964 (Ch); [2009] WLR (D) 281

“Where corresponding proceedings were in existence between the same parties in another jurisdiction, the court had no power to grant a stay, in favour of the courts of a non-EU country, of proceedings of which the court was properly seised under art 2 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.”

WLR Daily, 6th August 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.

Deutsche Bank AG and another v Highland Crusader Offshore Partners LLP and others – WLR Daily

Posted July 27th, 2009 in conflict of laws, injunctions, jurisdiction, law reports by sally

Deutsche Bank AG and another v Highland Crusader Offshore Partners LLP and others [2009] EWCA Civ 725; [2009] WLR (D) 254

“There was no presumption that the prosecution of foreign litigation in parallel with litigation in England pursuant to a non-exclusive jurisdiction clause was of itself vexatious and oppressive unless exceptional circumstances could be shown to justify it.”

WLR Daily, 24th July 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.

Allianz SpA and Another v West Tankers Inc – Times Law Reports

Posted February 13th, 2009 in arbitration, conflict of laws, EC law, injunctions, law reports by sally

Allianz SpA and Another v West Tankers Inc

Court of Justice of the European Communities

“It was not open to a court in one European Union member state to order a party in a case before it to discontinue proceedings begun by that party in another member state on the ground that the parties had agreed to refer any disputes between them to arbitration in the first state.”

The Times, 13th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Allianz SpA and another v West Tankers Inc – WLR Daily

Posted February 12th, 2009 in arbitration, conflict of laws, EC law, injunctions, law reports by sally

Allianz SpA and another v West Tankers Inc (Case C-185/07); [2009] WLR (D) 44

“It was incompatible with Regulation 44/2001 for a court of an EC member state to make an order to restrain a person from commencing or continuing proceedings before the courts of another member state on the ground that such proceedings would be contrary to an arbitration agreement.”

WLR Daily, 11th February 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.

English court can’t stop Italian lawsuit despite arbitration agreement, ECJ says – OUT-LAW.com

Posted February 11th, 2009 in arbitration, conflict of laws, EC law, injunctions, news by sally

“An English court cannot order someone not to take action in an Italian court in a civil matter even though there was an agreement between the companies involved to settle disputes through arbitration in London, the ECJ has ruled.”

Full story

OUT-LAW.com, 11th February 2009

Source: www.out-law.com

Guidance on the law applicable to non-contractual obligations (Rome II) – Ministry of Justice

Posted February 9th, 2009 in conflict of laws, EC law, news by sally

“A guide to the main provisions in the European Community regulation on the law applicable to non-contractual obligations (Rome II), which came into force on 11 January 2009.”

Full story

Ministry of Justice, 9th February 2009

Source: www.justice.gov.uk

Maher and Maher v Groupama Grand Est – WLR Daily

Posted January 27th, 2009 in conflict of laws, damages, insurance, law reports, personal injuries by sally

Maher and Maher v Groupama Grand Est; [2009] WLR (D) 21

“On a personal injury claim brought by English claimants against French insurers in respect of a road traffic accident in France in 2005 damages were to be assessed by reference to English law, not French law, but the issue whether there was a right to claim interest by way of damages was to be determined under French law, though any question about the rate of interest was to be determined under English law.”

WLR Daily, 26th January 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.

European regulation on law applicable to contractual obligations (Rome I) – Ministry of Justice

Posted January 23rd, 2009 in conflict of laws, contracts, EC law, press releases by sally

“Justice Minister Lord Bach has made a statement announcing the UK’s participation in the European Community regulation on the law applicable to contractual obligations (Rome I).”

Full press release

Ministry of Justice, 22nd January 2009

Source: www.justice.gov.uk

Gomez and others v Gomez-Vives and others – WLR Daily

Posted October 6th, 2008 in breach of trust, conflict of laws, EC law, jurisdiction, law reports by sally

Gomez and others v Gomez-Vives and others [2008] EWCA Civ 1065; [2008] WLR (D) 305

“The fact that a trust was expressed to be subject to English law might not be conclusive to establish its domicile in England but it was very difficult to see what other circumstances would be sufficient to outweigh it.”

WLR Daily, 3rd October 2008

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.

ETI Euro Telecom International NV v Republic of Bolivia and another – WLR Daily

Posted July 30th, 2008 in arbitration, conflict of laws, freezing injunctions, law reports by sally

ETI Euro Telecom International NV v Republic of Bolivia and another [2008] EWCA Civ 880; [2008] WLR (D) 263

“International arbitration proceedings were not ‘proceedings’ for the purpose of s 25 of the Civil Jurisdiction and Judgments Act 1982 to enable the English court to grant interim relief to preserve the outcome of the arbitration proceedings. Where injunctive relief was sought in the English court, the claimant should deal both with state immunity from the adjudicative jurisdiction of the court and with state immunity from enforcement. The court should consider and decide the question of state immunity at as early a stage on the proceedings as practicable.”

WLR Daily, 29th July 2008

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.

McGrath and Others v Riddell and Another – Times Law Reports

Posted April 11th, 2008 in conflict of laws, insolvency, law reports, winding up by sally

McGrath and Others v Riddell and Another

House of Lords

“The fact that in a country of principal winding-up of a company in liquidation there would be a class of preferential creditors who would not have priority under English insolvency law was insufficient reason for an English court to refuse to exercise its discretion, under section 426 of the Insolvency Act 1986, to order remission of assets located in England to the country of principal winding-up.”

The Times, 11th April 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

McGrath and others v Riddell and another [2008] UKHL 21 – WLR Daily

Posted April 11th, 2008 in conflict of laws, insolvency, law reports, winding up by sally

McGrath and others v Riddell and another [2008] UKHL 21; [2008] WLR (D) 101

“If the country of the principal winding up of an insolvent company was a designated ‘relevant country’ for the purposes of s 426 of the Insolvency Act 1986 and the insolvency laws of that country would involve a pari passu distribution of assets to ordinary unsecured creditors, then an English court should accede to a request to remit assets located in England to the principal liquidators for distribution according to the foreign law even if, under that law, there would be a class of preferential creditors who would not have had priority under English insolvency law.”

WLR Daily, 10th April 2008

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.

Westminster City Council v IC (a protected party by his litigation friend) and others – WLR Daily

Posted March 25th, 2008 in conflict of laws, disabled persons, jurisdiction, law reports, marriage by sally

Westminster City Council v IC (a protected party by his litigation friend) and others [2008] EWCA Civ 198; [2008] WLR (D) 92

“A judge did not have jurisdiction to make a declaration that a marriage based on lack of consent was not valid under English law, since such a marriage was voidable and not void ab intitio. The judge should have declared that the marriage was not recognised as a valid marriage in this jurisdiction.”

WLR Daily, 20th March 2008

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.

Jose Gonzalez Gomez and others v Encarnacion Gomez-Monche Vives and others – WLR Daily

Posted February 20th, 2008 in conflict of laws, EC law, law reports, trusts by sally

Jose Gonzalez Gomez and others v Encarnacion Gomez-Monche Vives and others [2008] EWHC 259 (Ch); [2008] WLR (D) 50

“The words ‘as beneficiary’ contained in art 5(6) of Council Regulation (EC) 44/2001, which provided that a person domiciled in a member state could, in another member state, be sued ‘as … beneficiary of a trust’, required the claimants to show that they were suing a party in its capacity as a beneficiary rather than in the capacity as someone not beneficially entitled to the moneys that were claimed.”

WLR Daily, 19th February 2008

Source: www.lawreports.co.uk

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


C v D (London arbitration clause) – Times Law Reports

Posted January 16th, 2008 in arbitration, conflict of laws, contracts, law reports by sally

C v D (London arbitration clause)

Court of Appeal

“Although the governing law of a liability insurance contract was that of New York, where the contract contained a London arbitration clause, the parties were to be taken to have agreed that the arbitration award could be challenged only in English law proceedings because of the choice of London as the seat of the arbitration.”

The Times, 16th January 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Islamic Republic of Iran v Barakat Galleries Ltd – Times Law Reports

Posted January 7th, 2008 in artistic works, conflict of laws, law reports, title to goods by sally

Islamic Republic of Iran v Barakat Galleries Ltd

Court of Appeal

“A claim by a state to recover antiquities which formed part of its national heritage should not be shut out on the ground that an action whose object was to enforce the public law of another state should not be entertained.”

The Times, 7th January 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

C v D – WLR Daily

Posted December 7th, 2007 in arbitration, conflict of laws, contracts, law reports by sally

C v D [2007] EWCA Civ 1282

“Parties to a liability insurance contract in the Bermuda form providing for the contract to be governed by New York law but with arbitration in London were to be taken as having agreed, by choosing London as the seat of the arbitration, that proceedings on the arbitration award were only those permitted by English law.”

WLR Daily, 6th December 2007

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.

Freeport plc v Arnoldsson (Case C-98/06) – WLR Daily

Posted October 12th, 2007 in conflict of laws, jurisdiction, law reports by sally

Freeport plc v Arnoldsson (Case C-98/06)

“The fact that claims brought against a number of defendants had different legal bases did not preclude application of the provision in art 6(1) of Regulation 44/2001 (the successor to the Brussels Convention of 1968) that in certain circumstances multiple defendants could be sued in the courts of the domicile of any of them.”

WLR Daily, 11th October 2007

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.

Grovit v. De Netherlandsche Bank NV and others – WLR Daily

Posted July 26th, 2007 in conflict of laws, defamation, jurisdiction, law reports by sally

Grovit v. De Netherlandsche Bank NV and others

“An action for libel against the central bank of the Netherlands was not a civil and commercial matter within the terms of Council Regulation 44/2001/EC (the Judgments Regulation on jurisdiction in civil and commercial matters) so as to permit the action to go ahead in the English courts.”

WLR Daily, 24th July 2007

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.

AWB Geneva SA and another v. North America Steamships Ltd. – WLR Daily

Posted May 22nd, 2007 in conflict of laws, insolvency, jurisdiction, law reports by sally

AWB Geneva SA and another v. North America Steamships Ltd. [2007] EWHC 1167 (Comm) 

“A party to a contract that was subject to the exclusive jurisdiction of the English High Court could not restrain the other party’s foreign trustee in bankruptcy from seeking an order in foreign insolvency proceedings that certain conditions precedent to liability under the contract should cease to apply.”

WLR Daily, 17th May 2007

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.