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11 February 2010
Issue: 7404 / Categories: Case law , Law reports
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Conflict of laws - Contempt of court - Injunction - Shipping - Tax

NML Capital Ltd v Republic of Argentina [2010] EWCA Civ 41, [2010] All ER (D) 57 (Feb)

If a claimant incorrectly identified the basis on which it asserted that a state was subject to the adjudicative jurisdiction of the English court, then the basis for the exercise of the jurisdiction was incorrect. It was not a mere procedural error which could later be remedied by altering the grounds, because it went to the very basis for invoking the jurisdiction against a sovereign state. It was, qualitatively speaking, in the same position as a failure to identify the correct cause of action or the correct ground for obtaining permission to serve out of the jurisdiction.

Section 31 of the Civil Jurisdiction and Judgments Act 1982 did not constitute a jurisdiction provision which, effectively created another exception to the general rule that a foreign state was immune from the jurisdiction of the courts of the UK when proceedings were brought in the UK courts for the recognition and enforcement

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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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