Search for: "State v. Owusu" Results 21 - 39 of 39
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11 Oct 2016, 3:26 am by INFORRM
 There is no question of staying the proceedings on the basis of forum non conveniens because Associated Newspapers Limited is an English company and there is, therefore, an absolute right for a claimant to sue it in the courts of this country under Article 2 of the Brussels Convention (see the decision of the CJEU in Owusu v Jackson [2005] QB 801). [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]
6 Nov 2017, 4:09 pm by INFORRM
The section does not apply to any claims where jurisdiction has been taken under the Regulation or the Lugano Convention, as in those cases the defendant can be sued “as of right” – wherever the claimant is situated – under the rule in C-281/02 Owusu v Jackson [2005] QB 801. [read post]
18 Apr 2018, 2:25 pm
On the other hand, the CJEU in Owusu v Jackson [2005] QB 801 held that an English Court could not apply the doctrine of forum non conveniens to decline jurisdiction over a claim against a European domiciliary on the ground that the natural forum for the claims was outside Europe (albeit the CJEU in that case did not state whether this doctrine applied in cases concerned with the subject matter of Art 24). [read post]
Issues for the Supreme Court In considering the appeal, the Supreme Court addressed the following issues: whether there had been an abuse of EU law by the claimants in relying on Article 4 of the Brussels Regulation Recast to establish jurisdiction over Vedanta as anchor defendant for the purpose of attracting the English courts’ jurisdiction over the claim against KCM, “the real targets of the claim”; whether the claimants’ pleaded case and supporting evidence disclosed no… [read post]
21 Jun 2018, 11:00 pm by Giesela Ruehl
Following the CJEU’s decision in Owusu, the general rule of domicile under Article 4 of Brussels I has a mandatory effect in the proceedings against English-domiciled parent company and claimants cannot rely onthe doctrine of forum non conveniens under English traditional rules. [read post]
4 Dec 2009, 1:42 am
 It did not, therefore, refer to the ECJ's observation in para. 28 of its judgment in Owusu v Jackson (Case C-281/02) that: [T]he rules of the Brussels Convention on exclusive jurisdiction or express prorogation of jurisdiction are also likely to be applicable to legal relationships involving only one Contracting State and one or more non-Contracting States. [read post]
24 Aug 2019, 6:30 am by Dan Ernst
Citizens, 1919-1924Conveners: Kenneth Mack, Harvard Law School (kmack@law.harvard.edu), Laurie Wood, Florida State University (lmwood@fsu.edu), Jacqueline Briggs, University of Toronto - Centre for Criminology and Sociolegal Studies (jacq.briggs@mail.utoronto.ca), and John Wertheimer, Davidson College (jow [read post]
6 Jun 2013, 6:09 am by Joy Waltemath
He allegedly became agitated during the meeting, banged his hand on the table where they sat, and said that “someone is going to pay for this” (Owusu-Ansah v The Coca-Cola Company, 11th Cir, May 8, 2013). [read post]
10 May 2010, 11:30 pm by Martin George
Richard Fentiman is Reader in Private International Law at the University of Cambridge, where he teaches the postgraduate course on International Commercial Litigation. [read post]
3 Aug 2023, 4:49 am by Ralf Michaels
The objection of forum non conveniens does not apply in the Brussels I Regulation system (as clarified in the CJEU’s Owusu decision). [read post]
22 Aug 2017, 9:10 am by Wolfgang Demino
  THE CAST OF PLAYERS OWNER TRUSTEE: Wilmington Trust Company is a Delaware banking corporation with its principal place of business in the State of Delaware. [read post]