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Court of Appeal holds direct damage in England required for permission to serve tort claim outside the jurisdiction
The Court of Appeal has held that direct damage in the jurisdiction is required to come within the tort jurisdictional gateway in the CPR, effectively …
Our latest UK Banking Litigation Update published
We have published our latest Banking Litigation Update, summarising some of the more important cases and developments affecting UK financial institutions …
Commercial Court finds forum non conveniens waiver clause does not necessarily preclude stay on grounds of forum non conveniens
The Commercial Court has held that a non-exclusive jurisdiction clause combined with a forum non conveniens (FNC) waiver clause does not preclude the …
CJEU confirms validity of jurisdiction clauses agreed electronically by "click-wrapping"
In a very recent decision, the Court of Justice of the EU has clarified the requirement under the Brussels Regulation for a jurisdiction agreement to be …
French Supreme Court refuses to apply a unilateral jurisdiction clause
In a recent decision, the French Supreme Court (Cour de cassation) has again refused to apply a unilateral jurisdiction clause. A unilateral jurisdiction …
Court of Appeal considers conflicting jurisdiction clauses in insurance service agreements
In the recent case of Trust Risk Group SPA v AmTrust Europe Ltd [2015] EWCA Civ 437 the Court of Appeal held that there was a good arguable case that the …
Article published on risk of parallel prospectus liability claims in different EU jurisdictions
Issuers of listed securities will be conscious of their exposure to prospectus liability claims in the UK and elsewhere in the EU. The prospect of facing …
Supreme Court takes restrictive approach to the opening of secondary proceedings in England under EC Insolvency Regulation
The Supreme Court has held that, in order to open secondary proceedings in England under EC Regulation 1346/2000 on Insolvency Proceedings, the …
Dangers of filing further acknowledgement of service when appealing jurisdiction judgment
The Court of Appeal has held that filing a further acknowledgement of service following an unsuccessful jurisdiction challenge amounts to submission to …
Commercial Court stays claim against guarantors pending arbitration relating to underlying debts
The Commercial Court has granted a stay of proceedings against guarantors, despite the guarantees containing an exclusive jurisdiction clause …
Choice of English law / jurisdiction will not always mean a dispute will be heard in England and English law applied
Two recent Court of Appeal decisions are a reminder that an exclusive English jurisdiction clause and choice of English law clause will not always ensure …
Inconsistent dispute resolution clauses – Commercial Court emphasises presumption of “one-stop adjudication”
The Commercial Court has found that an arbitration clause in a consultancy agreement was superseded by an exclusive English jurisdiction clause in a …
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