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Article published on jurisdiction rules applying to claims against directors
A recent decision of the CJEU has considered a number of jurisdiction questions which have significant implications for claims against …
Article published on Hague Choice of Court Convention
The Hague Convention on Choice of Court Agreements, which came into force on 1 October 2015, aims to uphold jurisdiction clauses and to make judgments …
French Supreme Court upholds unilateral jurisdiction clause where the countries with jurisdiction could be objectively identified
In a recent decision, the French Supreme Court (Cour de Cassation) gave effect to a unilateral jurisdiction clause where it was possible to identify …
CJEU rules directors who are employees must be sued in their EU domicile
In a recent decision, the Court of Justice of the EU held that directors who are also employees (within the meaning of EU case law) must be sued in the …
Court of Appeal upholds order deferring to exclusive jurisdiction clause in favour of Monaco courts, despite risk of inconsistent judgments
The Court of Appeal has upheld an order declining English jurisdiction over a claim against a Monaco-domiciled defendant where there was an exclusive …
Commercial Court orders foreign non-resident company officer to be examined under CPR 71 based on temporary presence in jurisdiction
The Commercial Court has refused to set aside an order under CPR 71 requiring a foreign non-resident director to attend court to provide information …
Commercial Court protects express choice of jurisdiction, finding no trespass on administrative acts of another member state
A recent decision of the Commercial Court is one of the first to consider the English court's jurisdiction under the recast Brussels Regulation (Council …
Jurisdiction clause in derivatives contract interpreted as granting exclusive jurisdiction to English courts
The High Court has interpreted a jurisdiction clause as granting exclusive jurisdiction to the English courts, despite the absence of the word …
High Court considers interaction between recast Brussels Regulation, Insolvency Regulation and schemes of arrangement
A recent judgment of the High Court will serve to remind minority, overseas creditors of any company having a substantial connection with England that …
New "gateways" for serving proceedings on defendants out of the jurisdiction at common law
The circumstances in which English proceedings can be served on non-EU domiciled defendants who have no presence in England and Wales will be expanded …
Court of Appeal grants anti-suit injunction restraining US proceedings brought against employee by US parent company under exclusive US jurisdiction agreement
The Court of Appeal has given a wide interpretation to the meaning of 'employer' in the recast Brussels Regulation (No 1215/2012), holding that a company …
A company can be sued in the claimant's domicile where there is a direct claim also against the liability insurer
The Court of Appeal has held that a claimant could bring a claim in tort against a Spanish hotel company in England, the claimant's domicile, where the …
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