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4 Jan 2021, 11:12 pm by Ralf Michaels
The first English language speaker promises to be a highlight: Attorney-General Maciej Szpunar, author of the opinions in the landmark cases Google v CNIL (C-507/17) and Glawischnig-Pieschzek v Facebook Ireland Limited (C-18/18), as well as numerous other conflict-of-laws cases, most recently X v Kuoni (C-578/19). [read post]
In delivering the Supreme Court’s unanimous judgment, Lord Briggs recognised it would be an abuse of this rule[2] to allow claimants to sue an English domiciled “anchor” defendant solely to pursue a foreign co-defendant (a “real” target) in the English courts but that this exception should be applied strictly. [read post]
12 Feb 2010, 2:46 am by traceydennis
Midgulf International Ltd v Groupe Chimique Tunisien [2010] EWCA Civ 66; [2010] WLR (D) 34 “Where the court had found that there was a valid contract governed by English law to conduct arbitration of disputes in England, it would be inappropriate for one party to the contract to seek a foreign court to declare that there was no such agreement and the English Court could restrain that party who had submitted to the jurisdiction of English court from… [read post]
12 Nov 2009, 12:54 am
The much anticipated judgment in Equitas v R&Q Reinsurance (Brandywine) was handed down yesterday in the English Commercial Court.As reported here, Equitas (as assignee of the rights of Lloyd's syndicates) was attempting to establish R&Q's liability for more than 4,000 LMX spiral claims arising out of Kuwait Airways losses during the first Gulf war and the Exxon Valdez oil spill. [read post]
23 May 2016, 8:07 am by kgates
Not long ago, the English High Court approved the use of predictive coding for the first time in Pyrrho Investments Ltd v MWB Property Ltd [2016] EWHC 256 (Ch). [read post]
16 Dec 2009, 12:04 am
We have previously reported here on the English Commercial Court decision in Equitas v R&Q Reinsurance (Brandywine), handed down on 11 November 2009.Equitas and R&Q have now reached an agreement in respect of the Exxon Valdez and Kuwait Airways claims in dispute in this litigation.The terms of the settlement comprise a mutual commutation between R&Q and Equitas in respect of virtually all 1987 and post net liabilities reinsured by R&Q. [read post]
13 Dec 2021, 4:30 pm by INFORRM
It has long been accepted that the eye-watering costs of English libel litigation present a double ‘chill. [read post]
13 Jun 2013, 10:44 am by Kali Borkoski
He also has a “Plain English” version of that post, while Dan Stein collects Twitter reactions to the Myriad decision. [read post]
1 Nov 2012, 5:58 am
In Amlin Corporate Member Ltd v Oriental Assurance Corporation [2012] EWCA Civ 1341, the Court of Appeal upheld the decision of the court of first instance in refusing a stay of English proceedings brought by reinsurers to seek to establish that they were not liable under a contract of reinsurance.The proceedings related to the loss of the vessel 'Princess of the Stars' off the coast of the Philippine Islands in 2008. [read post]
27 Jul 2020, 12:47 pm by ernst
Supreme Court's recent Eighth Amendment decision in Bucklew v. [read post]
7 May 2021, 8:00 am by ernst
Radical title of the crown and aboriginal Title: North America 1763, New South Wales 1788 and New Zealand 1840 David V. [read post]
13 Jun 2013, 12:45 am by Gilles Cuniberti
Yesterday, the Supreme Court of the United Kingdom ruled in Ust-Kamenogorsk Hydropower Plant JSC (Appellant) v AES Ust-Kamenogorsk Hydropower Plant LLP (Respondent) that English courts have jurisdiction to injunct the commencement or continuation of legal proceedings brought in a foreign jurisdiction outside the Brussels Regulation/Lugano regime where no arbitral proceedings have been commenced or are proposed. [read post]
8 Apr 2012, 9:14 am
The English committee, as well as agencies and instrumentalities of the United Kingdom, cannot file a request, but an attorney acting for himself may, and the dissemination to the foreign persons would be legal. [read post]