header-logo header-logo

09 September 2010
Issue: 7432 / Categories: Case law , Law reports
printer mail-detail

Conflict of laws—Jurisdiction—Challenge to jurisdiction

Deutsche Bank AG v Sebastian Holdings Inc [2010] EWCA Civ 998, [2010] All ER (D) 98 (Aug)

Court of Appeal, Civil Division, Mummery, Thomas and Pitchford LJJ, 20 August 2010

It is clear that in construing a jurisdiction clause, a broad and purposive construction has to be followed. When looking at a complex series of agreements, it is necessary to construe an agreement which is part of a series of agreements by taking into account the overall scheme of the agreements and reading sentences and phrases in the context of that overall scheme.

David Foxton QC and Sonia Tolaney (instructed by Freshfields Bruckhaus Deringer) for the bank. Tim Lord QC and Jasbir Dhillon (instructed by Travers Smith LLP) for the defendant.

The claimant was a global bank (the bank) incorporated in Germany and with offices worldwide. The defendant was a company incorporated in the Turks and Caicos Islands. In 2004, the defendant became a customer of the bank. In 2006 and 2008, it entered into a series of agreements with the bank for

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
back-to-top-scroll