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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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