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.
This week Thomas Yarrow revisits the vexed question of the use of artificial intelligence in legal research – and our intrepid reporter finds that it’s not all it’s cracked up to be. In fact the experience led him to such depths of despair that he…
This week Ben Rodgers relays two tales from the coalface, both relating to applications to resile from admissions. Readers will be interested to know that in both cases the court applied the balance of prejudice test with the result that the defendants’ applications were refused….
This week Conor Kennedy considers a novel point of construction in relation to challenging service of claim forms; the headline is that defendants must take steps to mount a jurisdictional challenge within the tight deadlines provided for in the CPR, but Conor asks whether this…
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