Knowledge Hub
Should I stay or should I go? The strange case of David Perry QC and a prosecution in Hong Kong
David Perry QC recently accepted instructions from the Hong Kong Ministry of Justice to represent the prosecution in the trial of Jimmy Lai a publisher known for his criticism of the Chinese sta...
Protecting businesses from COVID19 related unsustainable debt
Background On March 3rd 2020 the Prime Minister told a Press Conference; “I was at a hospital the other night where I think there were actually a few coronavirus patients ...
The Great Repeal Lie - Civil Jurisdiction and Judgments in a post-Brexit landscape
The legal infrastructure post-Brexit is one of ease and simplicity we are told. A ‘Great Repeal Bill’ will be the process by which existing EU law will be incorporated into English law thu...
To appear or not to appear, that is the question - Avoiding a submission to the jurisdiction of a Foreign Court
It has been said that ‘...the enforceability of any judgment is not the last issue to be addressed in cross-border litigation, but the first’. Successful enforcement of a foreign judgment...
Are asymmetric jurisdiction clauses the antithesis of exclusive jurisdiction clauses under Brussels I recast?
Any lawyer involved in international commercial transactions will be familiar with a jurisdiction clause by which the parties agree to the exclusive jurisdiction of the courts of a particular country ...
Derogating from party choice of applicable law under Rome I
Derogating from party choice applicable law in a contractual cross border claim – Banco Santander Totta Sa v Comphania Carris de Ferra de Lisboa Sa [2016] EWCA Civ 1267 The Court of Appeal has ...
Unjust Enrichment and the Rome II Regulation
For courts in England and Wales questions concerning a potential conflict in the law applicable to contractual and non contractual obligations fall to be determined by a brace of EU regulations, nam...
No quickie divorce-the implications of Brexit for intra-EU civil juridsiction and the enforcement of judgments
After 43 years of marriage the United Kingdom and the European Union are set on course for a divorce or at the very least a form of seperation. Scotland and Northern Ireland voted for a renewal of t...
The EU is dead - long live the EU!
The referendum result has delivered a nominal body blow to the EU. The dream of a United Europe is over and the fear for the EU must be whether a metatasis of an anti-EU cancer will ultimately lead ...
Supreme Court Justices furnish their decision in celebrity privacy case
On 19th May The Supreme Court gave judgment in the so called ‘Celebrity privacy’ Application (PJS v News Group Newspapers Ltd [2016] EWCA Civ 393) The decision was not one which determin...
Enforcing foreign default judgments in England and Wales - avoiding jurisdictional red herrings.
Issues as to the enforceability of foreign default judgments raise particular issues when the issuing jurisdiction is either a non-EU member state or a state which has no reciprocal enforcement trea...
Penalising the penaliser - Penalties doctrine survives assassination attempt in Supreme Court
A blatant interference with the principle of freedom of contract or a justifiable restraint on the power of one party to a contract to impose an extortionate payment or other obligation in the event...
Infamy, infamy - they've all got it infamy - lost baggage in the EU zone and a lost judge - Non material damage and The Montreal Convention
On 10 July 2015 a judge of the High Court of Justice, Chancery Division suffered one of the most traumatic experiences imaginable, the stuff of the most angst-ridden nightmares. Arriving at Gatwick...
