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28 October 2010
Issue: 7439 / Categories: Case law , Law digest
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Conflict of laws

UBS AG, London Branch and another v Kommunale Wasserwerke Leipzig GMBH [2010] EWHC 2566 (Comm), [2010] All ER (D) 176 (Oct)

Applying settled authority, for Art 22(2) of the Judgments Regulation to be engaged, the question was whether or not the action was “principally concerned” with an Art 22(2) issue. The words “proceedings which have as their object” in Art 22(2) had to be interpreted as “proceedings which are principally concerned with”. An action was not principally concerned with an Art 22(2) issue simply because an Art 22(2) issue had been raised.

For the purposes of Art 30 of the Judgments Regulation, the defendant had to show that the claimants had failed to take steps which they were required to take to have service effected on the defendant. European law did not prescribe what steps the claimant was required to take. In the instant case, the relevant requirement was to be fond in CPR 7(5). That provided that a claim form which was to be served within the jurisdiction had to be served within four months of

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

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
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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