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04 June 2010
Issue: 7420 / Categories: Case law , Law digest
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Conflict of laws

Depfa Bank plc v Provincia di Pisa; Dexia Crediop SpA v Provincia di Pisa [2010] EWHC 1148 (Comm), [2010] All ER (D) 231 (May)

Article 22 of Council Regulation (EC) 44/2001 (on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters), was one of the articles on jurisdiction which created an exception to the general rule of jurisdiction set out in the Regulation, accordingly, it should not be given an interpretation that was broader than was required by its objective.

The objective of Art 22 was, in the interests of the sound administration of justice, to ensure that jurisdiction rested with the courts which were closely linked, in fact and law, with the proceedings and to avoid conflicting decisions being given as regards the existence of a relevant entity or as regards the validity of the decisions of its organs. In considering whether or not Art 22(2) issues were raised, the court had to consider the nature of both the claim and any defences. For Art 22(2) to be engaged, the question was

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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