Archive for the 'conflict of laws' Category

Koelzsch v État du Grand-Duché de Luxembourg – WLR Daily

Koelzsch v État du Grand-Duché de Luxembourg (Case C-29/10); [2011] WLR (D) 93

“Where an employee carries out activities in more than one contracting state the country in which the employee ‘habitually carries out his work in performance of the contract’, within the meaning of article 6(2)(a) of the Rome Convention on the law applicable to contractual obligations, was that in which or from which, in the light of all the factors which characterised that activity, the employee performed the greater part of his obligations towards his employer.”

WLR Daily, 15th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Carey Group plc and others v AIB Group (UK) plc and another – WLR Daily

Carey Group plc and others v AIB Group (UK) plc and another [2011] EWHC 567 (Ch); [2011] WLR (D) 86

“A person resident or carrying on business in the jurisdiction of England and Wales was at liberty to comply voluntarily with a request or demand of a foreign government agency, based upon foreign public law, without fear of restraint by the English courts, provided only that he thereby committed no wrong actionable under English law.”

WLR Daily, 11th March 2011

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Extradition requests for criminal suspects ‘need better monitoring’ – The Guardian

“A senior UK law officer has urged the home secretary to ensure proper monitoring of extradition requests for criminal suspects between member states in Europe, after the failure to bring a German doctor who accidentally killed a patient on his first UK shift to face justice in Britain.”

Full story

The Guardian, 7th February 2011

Source: www.guardian.co.uk

Habibsons Bank Ltd v Standard Chartered Bank (Hong Kong) Ltd – WLR Daily

Habibsons Bank Ltd v Standard Chartered Bank (Hong Kong) Ltd [2010] EWCA Civ 1335; [2010] WLR (D) 299

“Where, in the course of a contractual transaction, a document had been altered unilaterally, and the other party sought to rely on the rule in Pigot’s case in submitting that the underlying transaction was thereby rendered void, it was important to draw a distinction between documents which contained or evidenced the transaction and documents which were required to carry it into effect.”

WLR Daily, 25th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Debt Collect London Ltd and another v SK Slavia Praha-fotbal AS – WLR Daily

Debt Collect London Ltd and another v SK Slavia Praha-fotbal AS [2010] EWCA Civ 1250; [2010] WLR (D) 281

“The proviso in art 30.1 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition of judgments in civil and commercial matters (the Judgments Regulation) disapplied the general rule that the court was deemed to be seised of proceedings when they were lodged. Its effect, in a case where there had been a continuing failure by the claimant, having lodged proceedings in the court of one member state, to take the further step of paying the court fee which was required before service could be effected, was to enable the court of another member state in which proceedings had later been issued nevertheless to be deemed to have been first seised of proceedings between the same parties.”

WLR Daily, 5th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Wood Floor Solutions Andreas Domberger GmbH v Silva Trade SA – WLR Daily

Wood Floor Solutions Andreas Domberger GmbH v Silva Trade SA (Case C-19/09); [2010] WLR (D) 77

“Where services were provided in several member states of the European Union, the court which had jurisdiction to hear and determine all the claims arising from the contract was the court in whose jurisdiction the place of the main provision of services was situated. For a commercial agency contract, that place was the place of the main provision of services by the agent, as it appeared from the provisions of the contract or, in the absence of such provisions, the actual performance of that contract or, where it could not be established on that basis, the place where the agent was domiciled.”

WLR Daily, 18th March 2010

Source: www.lawreports.co.uk

Please note once a case has been full reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Cavel USA, Inc and another v Seaton Insurance Co and another – WLR Daily

Cavel USA, Inc and another v Seaton Insurance Co and another [2009] EWCA Civ 1363; [2009] WLR (D) 369

“The concept of fraud in the English commercial law context in a case having an international flavour was much wider than the concept of deceit flowing from a fraudulent misrepresentation and could extend to cases without the need to establish the element of dishonesty of the person against whom the fraud was alleged.”

WLR Daily, 17th December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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