Hannah Viet analyses a children case where proceedings were pending in two member states, and the correct approach to Art 15, Brussels II bis ‘Where proceedings regarding parental responsibility are brought in two member states in respect of the same child and the same issue, the court which is seised second shall stay such proceedings, …
Continue reading "Jurisdiction: Competing interests"
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In the first of a two-part consideration, Asaf Niemoj assesses conflicting case law on the location of bank accounts to establish jurisdiction under the Brussels Regulation Recast ‘Generally speaking, the Regulation provides that a person domiciled in a member state shall, whatever their nationality, be sued in the courts of that member state (Art 4). …
Continue reading "Jurisdiction: Banking on it"
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Elizabeth Wiggin and Jonathan Wood report on a recent ECJ decision ‘Where a credit institution granted a loan to two jointly and severally liable debtors, the place where the services were provided was the place where that institution has its registered office.’The European Court of Justice recently considered issues of jurisdiction under Art 7(1) of …
Continue reading "Jurisdiction: Wherever I lay my hat"
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Andrew Hutcheon and Sam Prentki investigate the impact of Brexit and recent case law on the ‘Italian Torpedo’ ‘If the UK is left relying on its own ratification of the Hague Convention once it leaves the EU, it may be arguable that asymmetric jurisdiction clauses would not be construed as exclusive jurisdiction agreements, and so …
Continue reading "Jurisdiction: Torpedo tactics"
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Wills & Trusts Law Reports | March 2017 #167The parties were previously married. In 1990, they acquired a house in London in their joint names. In April/May 2014, the wife issued an application under the Trusts of Land and Appointment of Trustees Act 1996 (‘TLATA 1996‘) seeking an order for sale of the house, together with an order that the net proceeds be distributed between herself and her husband in equal shares. The husband contested the jurisdiction of the English court to entertain the wife’s proceedings and applied for them to be dismissed or stayed. The wife argued that England and Wales...
Kathryn Purkis examines the meaning of ‘United Kingdom’ in wills and trusts documents ‘Not every case in which the phrase “United Kingdom” is used inappositely will be able to be dealt with by arguments of construction.’In The Royal Society v Robinson [2015], Nugee J had to construe the following provision in a will made in …
Continue reading "Jurisdiction: A question of construction"
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Wills & Trusts Law Reports | December 2016 #165The underlying claim concerned monies deposited in a new bank account with the National Westminster Bank (the bank) in the name of Mr Rahimtoola, the High Commissioner for Pakistan in London between 16 and 20 September 1948 (the Fund). The monies deposited had belonged to the state of Hyderabad/the 7th Nizam (Hyderabad’s absolute monarch at the time). The state of Hyderabad had been annexed to India between 13 and 18 September 2016. The underlying claim had been brought by Pakistan against the bank. A number of other defendants claiming an interest in the fund had been joined. Consequent...
Philip Mead outlines how the court decided which country’s law was applicable to an accident overseas ‘The uncertainty has arisen both because of the peculiar nature of the Ministry of Defence as a potential liable defendant and in relation to the applicability of the conflicts of laws rules in relation to tort.’ In Rai v …
Continue reading "Jurisdiction: The armed services and the conflict of laws"
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Emily Watson considers a recent decision on jurisdiction between EU member states involving issues of lis pendens ‘The wife’s argument was that the relevant issue in the English proceedings was which court was seised under Art 16, Brussels II bis, as opposed to lis pendens (pending suit) under Art 19.’ The decision of Moylan J …
Continue reading "Jurisdiction: Determining forum"
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Matthew Howson examines the lessons from Winkler v Shamoon [2016] ‘The presence of an Israeli estate, Israeli personae and all the other claims in Israel meant that Israel was clearly the most natural and convenient forum for the claim.’ Sami Shamoon (Mr Shamoon) had a remarkable life. Born in the 1930s to an Iraqi Jewish …
Continue reading "Jurisdiction: Out of place"
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