Jurisdiction – Page 2 – Law Journals

Jurisdiction: Recent developments post-Keefe

James Beeton examines case law on joining a foreign insured to a direct claim against the insurer ‘What was not agreed was whether Art 13(3) allowed the claimants to sue IVI Madrid in England as a claim “parasitic” upon the direct claim which the claimants had brought against Zurich under Art 13(2).’ In Cole v …

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Jurisdiction: Global reach

Abigail Bennett analyses the court’s approach to a case involving assets in multiple jurisdictions and a defendant with no apparent place of domicile ‘The court was not persuaded that the relationship between the parties was of a nature that generated rights comparable to marriage for the purposes of the Judgments Regulation.’ The decision in Gray …

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Jurisdiction: Residual risk

Catherine Maguire analyses the decision in AJ v DM, which demonstrates the dangers of reliance on a sole domicile petition ‘It is far easier to re-establish habitual residence in a country where the party in question has previously been habitually resident than in a new country.’ Cohen J’s judgment in AJ v DM [2019] addresses …

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Jurisdiction: Three wheels on my wagon

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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Jurisdiction: Sizeable submissions

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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Jurisdiction: Going out on a limb

Andrew Wanambwa assesses guidance on jurisdiction from the Court of Appeal ‘The facts of Kaefer were complex but the key issue in the case was whether there was a “good arguable case” that two of the defendants, AT1 and Ezion, were parties to a contract and therefore bound by the jurisdiction agreement contained in it.’ …

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Jurisdiction: Multiple choice

Fiona Wood considers multi-jurisdictional cases within the EU and the requirements in order for a member state to be seised of proceedings ‘By virtue of Art 8, Brussels II bis, the courts of a member state have jurisdiction in matters of parental responsibility over a child who is habitually resident in the member state at …

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Jurisdiction: Should I stay or should I go?

Stephen Atherton QC and Malcolm Jarvis review a decision on a novel point under the Lugano Convention ‘It will only be in exceptional circumstances that case management considerations will be permitted to prevail over the English court’s lack of jurisdiction in respect of a co-defendant once the claim against the anchor defendant has been dismissed.’ …

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Jurisdiction: No place like home

Abigail Lowther considers the circumstances in which a domicile of choice may be established, and the impact on jurisdictional issues ‘Residence in a jurisdiction without the intention of permanent or indefinite residence, or the intention of permanent or indefinite residence without residence in a jurisdiction, will not establish a domicile of choice.’ In Kelly v …

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Jurisdiction: Follow the money

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Asaf Niemoj concludes his consideration of the location of bank accounts and establishing jurisdiction under the Brussels Regulation Recast ‘The legal status post-Universal seems to be puzzling. Whereas in Kolassa the court seemed to be willing to allow attribution of jurisdiction to the state where the claimant suffered a loss on the basis that this …

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