Foreign states formally recognised by the UK government have unlimited capacity, the UK Supreme Court has confirmed, in a significant decision in long running litigation between a trustee for Eurobonds (held by Russia) and...more
In the absence of consent by the state, a party will not be able to obtain an anti-suit injunction against a state (nor any other injunction or order for specific performance). Venezuela was entitled to claim immunity under...more
The end of the Brexit transition period on 31 December 2021 marked a period of momentous change in the field of private international law, with the UK departing from long standing regimes covering the allocation of...more
An asymmetric jurisdiction agreement is an exclusive jurisdiction agreement for the purposes of the “anti torpedo” provisions of the Brussels Recast Regulation. This means that the court given exclusive jurisdiction for the...more
Following months of protracted negotiations and coming four and a half years after the UK voted to leave the EU, 24 December 2020 saw the EU and UK finally agree the shape of their future relationship. While the Trade and...more
The High Court distinguished the Supreme Court decision of Lungowe v Vedanta Resources plc (Vedanta),1 giving more weight to the desirability of avoiding multiplicity of actions and the risk of inconsistent judgments when...more
Sovereign immunity is a complex topic. This bulletin highlights key points to consider, particularly when drafting or reviewing a sovereign immunity waiver clause, from an English law perspective (as applied by the English...more
The procedure for serving English proceedings on a foreign State under s12 State Immunity Act 1978 (SIA 1978) has been helpfully clarified. Where a claimant has to rely on the Foreign and Commonwealth Office (FCO) to effect...more
Last week was a busy week on the road to Brexit. The EU 27 and the UK both gave broad indications of how they plan to approach the Brexit negotiations, via the publication of three documents: the UK’s Article 50 notice, a...more
In a hugely important constitutional and political decision, the English High Court has today ruled against the UK Government, declaring that the Government cannot trigger the process of leaving the European Union without the...more
An automotive component producer and an insurer have separately challenged the jurisdiction of the High Court in Iveco SpA & Iveco Ltd v Magna Electronics Srl [2015] EWHC 2887 (TCC), 13 November 2015 & XL Insurance Co SE v...more
2/22/2016
/ Automotive Industry ,
Breach of Contract ,
Contribution Claims ,
EU ,
France ,
Insurance Litigation ,
International Litigation ,
Italy ,
Joint Tortfeasors ,
Jurisdiction ,
UK
The English civil justice system operates in an ever more globalised and competitive market, with international businesses seeking not only robust enforceable decisions, but also efficiently delivered ones. These proposals...more
To what extent, if at all, does the English court have discretion to decline jurisdiction over proceedings commenced on the basis of domicile of the defendant, if the appropriate forum is a third state court? In particular,...more
In Martrade Shipping & Transport GmbH v United Enterprises Corp [2014] EWHC 1884 (Comm), 12 June 2014, Popplewell J considered the application of the Late Payment of Commercial Debts (Interest) Act 1998 (the 1998 Act) to...more