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02 September 2010
Issue: 7431 / Categories: Case law , Law digest
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Conflict of laws

Deutsche Bank AG v Sebastian Holdings Inc [2010] EWCA Civ 998, [2010] All ER (D) 98 (Aug)

It was clear that in construing a jurisdiction clause, a broad and purposive construction had to be followed: if there was no rational basis upon which businessmen would be likely to wish to have questions of the validity or enforceability of the contract decided by one tribunal and questions about its performance decided by another, very clear language would need to be found before deciding that they had had such an intention. When looking at a complex series of agreements, it was necessary to construe an agreement which was part of a series of agreements by taking into account the overall scheme of the agreements and reading sentences and phrases in the context of that overall scheme. Where there were multiple related agreements whether a dispute fell within the jurisdiction clauses of one or more related agreements, depended upon the intention of the parties
 

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MOVERS & SHAKERS

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

NEWS
The Supreme Court has clarified the scope of a director’s duty, in a case where a chairman’s good intentions went awry due to the pandemic
Digital fraud is ‘baffling policymakers, investigators, prosecutors and enforcers’, leaving ‘a massive justice gap’, the author of a government-commissioned independent review has warned
Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
Judicial statistics show a steady rise in the number of female judges and Asian and mixed ethnicity judges in the past ten years—however, progress in terms of representation has stalled for both Black lawyers and for solicitors
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