Jurisdiction: Three wheels on my wagon

Stewarts Law LLP | The Commercial Litigation Journal | July/August 2019 #86
Cécile Perrault outlines judicial treatment of the three-limbed test to challenge jurisdiction ‘The Court of Appeal found that although the first instance judge had not applied the required three-limbed test, they had applied a test consistent with the views expressed in previous Supreme Court judgments. Hence, the appeal was dismissed.’ In Kaefer Aislamientos SA de …

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Negligence: Developments in parent company liability

Devereux Chambers | Personal Injury Law Journal | July/August 2019 #177
Harry Sheehan analyses the recent Supreme Court decision of Vedanta ‘A parent company may not only be directly liable for harm caused as a result of flawed policies or systems it has designed, but also by a failure properly to implement and enforce policies or systems it has designed even when they are not flawed.’ …

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Jurisdiction: Sizeable submissions

Stewarts Law LLP | The Commercial Litigation Journal | May/June 2019 #85
Richard Swan looks at the implications of a recent Supreme Court judgment ‘In modern litigation it is increasingly common for jurisdictional challenges and their associated arguments, tests and preliminary issues to turn into mini trials.’ The Supreme Court has criticised litigants for the way in which jurisdictional challenges are being conducted. Handing down judgment in …

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