We are pleased to present our annual round up of notable developments in international litigation in London.
Anti-suit in favour of employee
An exclusive jurisdiction clause in favour of the Massachusetts court was held by the Court of Appeal to be overridden by Articles 20-23 of the Brussels Regulation.[more]
The Brussels Regulation recast
For proceedings started on or after 10 January 2015, the Brussels Regulation, as recast, provides new rules on jurisdiction and the enforcement of judgments. [more]
No jurisdiction for creditors who have proved elsewhere
The Privy Council has held that where a company was being wound up in a jurisdiction where it was incorporated, and where a foreign creditor had submitted a proof of debt to the liquidators, that creditor had submitted to the jurisdiction of the administering court, and could not bring proceedings in its own jurisdiction with the aim of obtaining priority over other creditors. [more]
Secondary insolvency proceedings
The Supreme Court has considered the meaning of “economic activity” and “establishment” for the purpose of deciding whether there can be secondary insolvency proceedings in the UK. [more]
Forum non conveniens waiver overruled
Where parties had entered into various agreements which were governed by English law and contained non-exclusive English jurisdiction clauses with forum non conveniens waivers the court declined jurisdiction. [more]
The legal content provided by Fladgate LLP is for information purposes only and should not be relied on in any specific case without legal or other professional advice.
Copyright is owned by Fladgate LLP and all rights in such copyright are reserved. Material is not to be reproduced in whole or in part without prior written consent.
Fladgate LLP is a limited liability partnership, registered in England and Wales with registered number OC334334. It is authorised and regulated by the Solicitors Regulation Authority, number 484783. The term partner is used to refer to a member of Fladgate LLP. A list of members is available at the registered office shown above.