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Brexit, deal or no deal: a litigator's perspective
Over the past couple of weeks, the government has published the final text of the draft Withdrawal Agreement setting out the arrangements for …
CJEU finds abuse of dominance claims may come within jurisdiction clause
The European Court of Justice (CJEU) has ruled that a jurisdiction clause could apply to claims alleging abuse of a dominant position, contrary to …
High Court finds SFO can compel production of documents held by foreign company outside the jurisdiction
In a recent decision in the context of a judicial review, the High Court held that the SFO was able to compel a foreign company to produce documents …
Applying the Hague Choice of Court Convention post-Brexit
The government has set out how it plans, in the event of a "no deal" Brexit, to ensure that the UK will continue to apply the Hague Choice of Court …
High Court finds exclusive jurisdiction provisions in recast Brussels Regulation only apply to EU Domiciled defendants
The High Court has held that article 24(5) of the recast Brussels Regulation, which gives exclusive jurisdiction to the court where a judgment is to be …
Court of Appeal holds no permission required to serve committal application on director out of the jurisdiction, where the court had jurisdiction to make the original order against him
The Court of Appeal has held that, where a court had jurisdiction to make an order for examination of a company director based on his presence in the …
Brexit "no deal" notice on jurisdiction and enforcement of judgments
As part of its second batch of "no deal" technical notices, the government has today published a guidance notice entitled: Handling civil legal cases …
Article published - Choosing a jurisdiction clause with Brexit on the horizon
With the uncertainties surrounding Brexit, it can be difficult to know what dispute resolution clause to choose to govern commercial contracts that will …
New podcast - English governing law and jurisdiction clauses after Brexit
On the new Herbert Smith Freehills Podcast channel, Anna Pertoldi, Maura McIntosh and Tom Henderson discuss what businesses need to know about the …
Court of Appeal finds ISDA jurisdiction clause trumps 'theoretically competing' clause in separate agreement governing wider relationship
Consistent with recent authority, the Court of Appeal has given primacy to an English jurisdiction clause in an ISDA Master Agreement (overturning the …
Court of Appeal re-opens gateway for service of claims against foreign parties in respect of transactions defrauding creditors
Disagreeing with the High Court, the Court of Appeal has ruled that a claim by a creditor under section 423 of the Insolvency Act 1986 falls within the …
Court of Appeal gives wide interpretation to common law gateways for service out of the jurisdiction
The Court of Appeal has given a wide interpretation to the interaction between the "necessary or proper party" gateway and the relatively new gateway …
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