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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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
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The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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