Jurisdiction re prospectus liability. CJEU reiterates Universal Music in...
I reviewed Advocate-General Bobek’s Opinion in C-304/17 Löber v Barclays here. The following issues in particular were of note (I simply list them here; see the post for full detail): First, the AG’s...
View ArticleInversiones v Cancun. The Dutch Supreme Court on counterclaims and locus...
This post can be classified under ‘better late than never’. Thank you Irina Timp for flagging in December, Inversiones v Cancun at the Dutch Hoge Raad. The case concerned alleged dilution of one...
View ArticleSovereign debt litigation in Kuhn: ‘Civil and commercial’ viz bearers of...
Update 22 November 2018 see yesterday’s comments by prof Mankowski here. He is right to point out that defence mechanisms available to Greece, are effeitvely limited to sovereign immunity. However that...
View ArticleGriffin v Varouxakis: (obiter) rejection of jurisdiction on the basis of...
In [2018] EWHC 3259 (Comm) Griffin v Varouxakis, Males J gives an obiter masterclass in the (ir)relevance of indirect damage for the establishment of jurisdiction. Objections to jurisdiction where...
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PrivatBank v Kolomoisky and Boholiubov. The High court puts the spotlight on...
In [2018] EWHC 3308 (Ch) PrivatBank v Kolomoisky and Boholiubov et al the High Court has set aside a worldwide freezing order (‘WFO’) granted earlier at the request of Ukraine’s PrivatBank, against...
View ArticleNon multa, sed multum. Sovereign debt litigation in Kuhn leads to surprising...
In C-308/17 Leo Kuhn the CJEU held that Brussels Ia was not engaged for the matter is acta iure imperii. I suggested in my review of the judgment that in solely emphasising context, the Court casts the...
View ArticleVEB v BP: locating purely financial damages in cross-border securities class...
Thank you AKD for flagging the Dutch Hoge Raad (Supreme Court) reference to the CJEU in what at the Court is now known as case C-709/19 Vereniging van Effectenbezitters (VEB) v BP. The Hoge Raad’s...
View ArticlePrivatBank v Kolomoisky and Boholiubov. The Court of Appeal reverses the High...
The Court of Appeal in [2019] EWCA Civ 1708 has reversed [2018] EWHC 3308 (Ch) PrivatBank v Kolomoisky and Boholiubov et al which I reviewed here. When I tweeted the outcome on the day of release I...
View ArticleSabbagh v Khoury. The jurisdictional gift that keeps on giving. In today’s...
Sabbagh v Khoury [2019] EWHC 3004 (Comm) evidently builds upon the High Court and Court of Appeal previous judgments. Pro memoria: claimant established jurisdiction against all the defendants she...
View ArticleSpanish Supreme Court eases exequatur requirement under (2001) Brussels I.
A short post and thank you Laura Ruiz for flagging a ruling by the Spanish Supreme Court in which it essentially seems to have pre-applied the Brussels Ia Regulation (1215/2012) to proceedings...
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