I reviewed and criticised the successful first instance forum non conveniens challenge by Dyson viz a claim allegations of forced labour at Dyson’s Malaysian Supplier, here. That finding was today resoundly overturned by the Court of Appeal in Dhan Kumar Limbu & others v Dyson Technology Limited and others [2024] EWCA Civ 1564. The issues at … Read more
I reviewed Richard de la Tour’s Opinion in C-526/23 VariusSystems digital solutions GmbH v GR Inhaberin B & G here. The CJEU held at the end of November, essentially following it and being very brief in doing so. The operative part of the judgment reads The second indent of Article 7(1)(b) of Regulation (EU) No 1215/2012 of … Read more
There is a gale force wind out there and the girls and I are housebound: so I thought I’ld clear the blog queue a bit. It is generally not good practice to post poorly drafted choice of court provisions yet once in a while it helps illustrate what I often say in class: that even … Read more
Dexia v Patrimonio del Trentino [2024] EWHC 2717 (KB) echoes Banca Intesa v Venezia in some of its main issues. It features capacity of foreign corporations to enter into legal transaction, relevance of lex incorporationis, validity of choice of court clause, and the impact of Brexit, with the judge prima facie accepting resurrection of the … Read more
In Jaffe & Anor Greybull Capital LLP & Ors [2024] EWHC 2534 (Comm) one of the issues was the applicable law for misrepresentation about the source of funds being injected into a company. Cockerill J, applying Article 4 Rome II and referring to earlier judgments all reviewed on the blog, in the end [300] holds … Read more