Litigation Notes

Court of Appeal finds asymmetric clauses are exclusive jurisdiction clauses for purposes of recast Brussels Regulation and considers nature of such clauses under Hague Convention 2005

The Court of Appeal has held that an asymmetric jurisdiction clause is an exclusive jurisdiction clause for the purposes of the recast Brussels …

Disputes after the end of the Brexit transition period: where are we now?

High Court strikes out claims against BHP as an abuse of process in light of parallel claims in Brazil

The English High Court has struck out the claims of over 200,000 claimants against two companies in the BHP Group (domiciled in England and Australia …

Article published - Jurisdiction clauses and service out post-Brexit: a welcome rule change

Beyond Brexit: Countdown to 1 January 2021 – new video briefings and podcasts available, including on jurisdiction and enforcement of judgments

In the run up to the end of the Brexit transition period, we have produced a series of webinar videos which cover some of the key issues businesses face …

European Commission's Notice to Stakeholders confirms its view Hague Choice of Court Convention will apply to exclusive English jurisdiction clauses only if they are entered into after Brexit transition period ends

Court of Appeal gives wide interpretation to “damage” for the purposes of the common law jurisdictional gateway for tort claims

The Court of Appeal has held, by a majority, that direct damage in the jurisdiction is not required in order for a claim to come within the tort …

High Court holds claim against anchor defendant must satisfy merits test if it is to be used to establish jurisdiction against co-defendants under recast Brussels Regulation

The High Court has held that the English court will only have jurisdiction against a co-defendant under article 8(1) of the recast Brussels Regulation …

High Court holds s.236(3) of the Insolvency Act 1986 does not have extra-territorial effect, except where the EU Insolvency Regulation applies

The High Court has held that s.236 of the Insolvency Act 1986 (“IA 1986”) does not have extra-territorial effect, so that the court is not generally …

Russian courts to have exclusive jurisdiction over sanctioned persons

On 19 June 2020, a new Russian federal law will come into force which provides for the Russian state arbitrazh (commercial) courts to have exclusive …

Video published – Brexit: choosing a jurisdiction clause during the transition period

Anna Pertoldi has published a video for Practical Law in which she discusses the issues to consider when choosing a jurisdiction clause during the Brexit …

UK applies to join Lugano Convention from end of Brexit implementation period

On 8 April 2020, the UK submitted its application to accede to the 2007 Lugano Convention on jurisdiction and the recognition and enforcement of …