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We end the year on a jurisdictional theme: a case-note on the Court of Appeal’s decision in the recent Lugano Convention case of JSC Commercial Bank v Kolomoisky & Anor. [2019] EWCA Civ 1708.
This decision (which has obvious potential relevance to the recast Brussels I Regulation regime) joins Cole & Martin v IVI Madrid SL [2019] 9 WLUK 373 (QB) (now the subject of a reference to the CJEU) in shedding some light on the EU jurisdictional rules. However, in the (perhaps unlikely) event that – by next Christmas – recast Brussels I will no longer be available to UK litigants, keen readers will have seen the recent thoughts of Nicol J and Mr Registrar Kay QC on the common law “tort gateway” and forum conveniens in Brownlie Mark II [2019] EWHC 2533 (QB) and Peacock v Del Seatek & Anor. [2019] EWHC 2867 (Admlty) respectively – permission to appeal granted in both cases.
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