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09 November 2012
Issue: 7537 / Categories: Case law , Law digest , In Court
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Conflict of laws

Joint Stock Company Aeroflot Russian Airlines v Berezovsky and another [2012] EWHC 3017 (Ch), [2012] All ER (D) 304 (Oct)

It was settled law that the competence of a foreign court to summon a defendant depended, in the absence of any form of submission to the jurisdiction, on his physical presence in the country concerned at the time of suit. Further, when a person submitted to the jurisdiction of a foreign court in respect of a claim made against a plaintiff or claimant in those proceedings, he could also be taken to have submitted to its jurisdiction in respect of: (i) claims concerning the same subject matter; and (ii) related claims. Moreover, it was an established principle that two policies supported the doctrine of res judicata estoppel: (i) the interest of the community in the termination of disputes and the finality and conclusiveness of judicial proceedings; and (ii) the right of the individual to be protected from vexatious multiplication of suits and prosecutions.

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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