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15 February 2013
Issue: 7548 / Categories: Case law , Law digest , In Court
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Conflict of laws

Lehman Brothers Bankhaus AG I. Ins v CMA CGM [2013] EWHC 171 (Comm), [2013] All ER (D) 68 (Feb)

The burden of proof to show that a stay under Art 28 of the Judgments Regulation was appropriate was on the party requesting it. The article was engaged only when there were “related actions”. The court had to consider whether, under Art 28.3 of the Judgments Regulation, the two proceedings were so closely connected that it was expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings. The test of “relatedness” was intended to be a straightforward test. There should be a broad commonsense approach to the question of whether there were related actions. Art 28 of the Judgments Regulation should not be applied mechanically; what was required was an assessment of the degree of connection, and then a value judgment as to the expediency of hearing the two actions together (assuming they could be so heard) in order to avoid the risk of inconsistent judgments. That did not

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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