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15 October 2010
Issue: 7437 / Categories: Case law , Law digest
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Conflict of laws

Gard Marine Energy Ltd and another v Tunnicliffe (sued on his own behalf and on behalf of all other members of Lloyd’s Syndicate 780 for 2005 year) [2010] EWCA Civ 1052, [2010] All ER (D) 39 (Oct)

In deciding whether a defendant was one of a number of defendants, in the courts for the place where any one of them was domiciled for the purposes of Art 6(1) of the Lugano Convention, there were various factors to be considered such as the applicable law, the construction of their contracts and the factual matrix, and the operation of the markets.

The fact that the contracts between defendants were identical in wording was not always sufficient to found jurisdiction under Art 6(1). It all depended on the circumstances of the case.
 

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Bell Yard Kysen—Liz Giles

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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