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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.
Latest News & Events
The Dekagram: 8th June 2026
This week Anirudh Mandagere gives us the most lucid explanation we have yet seen of the decision of the Supreme Court in Attorney General for Northern Ireland’s Reference [2026] UKSC 16 relating to deprivation of liberty. We also bring news, from Robbie Parkin and Dominique…
Court of Protection Practice after Attorney General for Northern Ireland’s Reference [2026] UKSC 16
The recent ruling by the Supreme Court has reversed over a decade of understanding deprivation of liberty. This Dekinar focuses on the impact of the judgment for those involved in Court of Protection proceedings as well as practical tips on how to navigate the new…
Clinical Negligence Claims (5th edition)
Written by experienced members of the Deka Chambers Clinical Negligence Practice Group, the 5th edition of Clinical Negligence Claims: A Practical Guide provides a valuable reference source for clinical negligence practitioners, with insights into still developing areas of law. The book covers the intricacies of investigating breach of duty…
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