Lost At Sea No Longer – Clarification on the use of “Anchor Defendants”

18 December 2019

The Court of Appeal has allowed the appeal of Privatbank against a High Court judgment dismissing its claim against foreign domiciled defendants on the basis that the bank had inappropriately pursued claims against English domiciled defendants for the “sole purpose” of attaching English jurisdiction to the former group. The decision helpfully clarifies the position on the use of so-called “anchor defendants”.

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No ‘get out of jurisdiction free’ card available to sanctioned entity

12 June 2018

The recent decision in the Kamoto Copper Company SA v (1) Africa Horizons Investments Ltd and (2) Ventora Development SASU case highlights the challenges that a party subjected to US sanctions may face attempting to circumvent an exclusive jurisdiction clause in favour of the English courts. The Claimant, a subsidiary of the mining giant Glencore, […]

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Breach of freezing order is grounds for conspiracy claim

18 May 2018

Upholding a decision of the Court of Appeal, the Supreme Court has determined that, in cases involving conspiracy to injure, acting in contempt of court amounts to “wrongful means”, whilst the place of the “event giving rise” to the damage suffered, for the purposes of determining jurisdiction, is the place where the conspiratorial agreement was […]

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Are we running out of time to agree cross-border judicial cooperation post-Brexit?

14 March 2018

The answer, according to the European Parliament’s recent report on the impact of Brexit on freedom, security and justice, is “yes”. The report notes the wide-ranging implications for individuals and businesses with commercial or personal ties to the UK and any other EU member state who are facing uncertainty over cooperation between the UK and […]

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Is a UK parent liable for the conduct of its foreign subsidiary?

5 February 2018

In a landmark decision in Lungowe v Vedanta Resources Plc[1] the Court of Appeal has ruled that a number of claimants can pursue their claim against a Zambian mining company and its English parent in the English courts despite the claim’s limited connection to England. The decision has widened the scope of potential claims against […]

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