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24 March 2017
Issue: 7739 / Categories: Case law , Law digest , In Court
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Conflict of laws

AMT Futures v Grundmann and others [2016] EWHC 3606 (QB), [2016] All ER (D) 141 (Dec)

The Queens Bench Division dismissed the fourth and fifth defendants’ application, challenging its jurisdiction in proceedings brought by AMT Futures. The defendants had submitted, among other things, that the exclusive jurisdiction clause on which the claimant had based the jurisdiction of the present court was displaced by Art 18 of Council Regulation (EC) 44/2001. The court held that, having regard to the fact that the (recast) Regulation did not provide, at any point, for merits-based matters to be debated at the jurisdictional stage, that ground had to fail. None of the grounds put forward by the defendants provided support for a conclusion that the court had no jurisdiction.

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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