Litigation Notes

High Court finds defendant did not submit to jurisdiction where it sought to have summary judgment application determined before stay application

The High Court has held that a defendant did not submit to the court's jurisdiction despite seeking to have its (conditional) summary judgment …

Commercial litigation podcast series – Episode 11: General update

Jurisdiction clause in insurance policy confers exclusive jurisdiction despite no express words to that effect

The High Court has interpreted a jurisdiction clause in an excess liability insurance policy as granting exclusive jurisdiction to the English courts, …

Supreme Court confirms wide interpretation of "damage" for the purposes of the common law jurisdictional gateway for tort claims and clarifies when English law may apply to foreign law claims

High Court finds defendant did not submit to the jurisdiction by applying for strike out at the same time as challenging jurisdiction

The High Court has rejected an argument that a defendant submitted to the jurisdiction by applying to strike out the claim against him at the same time …

High Court refuses to stay proceedings against English domiciled defendant in light of pending Ukrainian insolvency proceedings

The High Court has rejected a challenge to its jurisdiction brought by a defendant who was found to be domiciled in England, and who was also a party to …

High Court rejects jurisdiction challenge on the basis that claim regarding contractual obligation to provide information did not derive from French insolvency proceedings

The High Court has ruled that a claim for a declaration regarding a borrower's obligations to provide information under a facility agreement was not …

High Court finds common law "necessary or proper party" gateway for service out of the jurisdiction does not apply when the anchor defendant has voluntarily submitted to the court's jurisdiction

Proposal for EU to join 2019 Hague Judgments Convention

Court of Appeal decision highlights dangers of choosing non-exclusive jurisdiction clause in favour of an EU court

European Commission notice to Lugano Depositary states EU not in a position to consent to UK accession

The European Commission has presented a "note verbale" to the Swiss Federal Council as Depositary of the Lugano Convention regarding the UK's application …

European Commission recommends that EU reject UK bid to join Lugano Convention