23 February 2012
Sherdley and another v Nordea Life and Pension SA (Societe Anonyme) [2012] EWCA Civ 88, [2012] All ER (D) 103 (Feb)
Article 9 of Council Regulation (EC) 44/2001 (on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters) stated where an insurer “may be sued”, and looked to the time of suit, not to the time of contract. The phrase “may be sued” in Art 9, allowing for the option contained in the Article, reflected the phrase “shall be sued” in Art 2, which operated at the time of suit. Special jurisdiction “in matters relating to a contract” was granted by Art 5.1, but that made no special jurisdiction available by reference to the time of contract, and was not reproduced in Art 9.
