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9 May 2013, 6:08 am
Yesterday, the United States Court of Appeals for the Eleventh Circuit issued an opinion in Owusu-Ansah v. [read post]
17 Jun 2019, 4:51 pm by INFORRM
The appeal Mr Kennedy appealed, arguing that the availability of forum non conveniens arguments was restricted where the Brussels Recast Regulation 2012/2015 (“Regulation”) applied and, further, that judicial discretion under section 49 of the Civil Jurisdiction and Judgments Act 1982 was now heavily restricted, by virtue of the decision in Owusu v Jackson [2005] QB 801. [read post]
24 May 2024, 9:30 pm by Karen Tani
“On May 16, in celebration of the 70th anniversary of the Supreme Court Brown v. [read post]
7 Mar 2011, 12:40 am by Dr. Stuart Baran
Michael Bloch QC, for Lucasfilm, urged that the court assert subject-matter jurisdiction and enforce the US copyrights; this was advanced on three bases: 1. in light of the decision in Owusu (C-281/02) the English court is under a duty to accept such jurisdiction; 2. that such jurisdiction in respect of copyright enforcement was in any case established by the Court of Appeal in Pearce v Ove Arup [2000] Ch. 403; or 3. in the absence of compulsory jurisdiction, there remains a… [read post]
22 Jan 2018, 4:11 pm by INFORRM
Forum non conveniens The Claimant relied on EU case law (Owusu v Jackson (C-281/2002) and Maletic v lastminute.com GmbH (C-478-12)) to argue that the court was precluded from considering forum non conveniens issues. [read post]
18 Oct 2017, 2:22 am by Giesela Ruehl
Vedanta has focused their argument on the fact that Article 4 of the Brussels I Regulation Recast does not automatically allow an English-domiciled parent company to be sued in England and, despite the CJEU’s ruling in Owusu v Jackson, there is always discretion as to whether the English court should allow the claims to be tried in England. [read post]
28 Dec 2020, 4:31 pm by INFORRM
Owusu (2005) concerned proceedings for breach of contract and negligence brought in England by an English-domiciled claimant in respect of a very serious injury he had suffered in a diving accident which occurred at a holiday resort in Jamaica. [read post]
15 Feb 2021, 2:54 am by Matthias Weller
by Professor Dr Eva-Maria Kieninger, Chair for German and European Private Law and Private International Law, University of Würzburg, Germany The Supreme Court’s decision in Okpabi v Royal Dutch Shell (2021 UKSC 3) concerns the preliminary question whether English courts have jurisdiction over a joint claim brought by two Nigerian communities against Royal Dutch Shell (RSD), a UK parent company, as anchor defendant, and a Nigerian oil company (SPDC) in which RSD held 30 % of the… [read post]
30 Jan 2019, 8:42 am
This morning, the Court of Appeal handed down its judgment in Conversant Wireless Licensing S.A.R.L v Huawei Technologies Co. [read post]
20 May 2024, 8:40 am by David Pozen
By contrast, Paul-Emile’s theory might suggest a revisionist reading of Gonzales v. [read post]
29 Dec 2020, 4:05 pm by INFORRM
The rule in Diamond v Sutton, if it exists, would require the English courts with effect from 1 January 2021 to adopt a position fundamentally at variance with the Brussels Regime and the rationale of the judgments in Owusu, eDate Advertising and Bolagsupplysningen. [read post]
23 Jun 2016, 1:06 pm by Xandra Kramer
Mr Justice Coulson placed considerable weight on the decision of the Court of Justice of European Union (“CJEU”) in Owusu v Jackson preventing UK courts from declining jurisdiction on the basis of the forum non conveniens, when the defendant is domiciled in the UK. [read post]