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Conflict of laws

09 November 2012
Issue: 7537 / Categories: Case law , Law digest , In Court
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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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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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