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10 June 2022
Issue: 7982 / Categories: Case law , In Court , Law digest
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Law digests: 10 June 2022

Conflict of laws

Van Heck v Giambrone & Partners Studio Legale Associato [2022] EWHC 1098 (QB) [2022] All ER (D) 37 (May)

The Queen’s Bench Division ruled that the authorities provided no support for the proposition that continued seisin was confined to ‘in time’ appeals. The court so ruled, in dismissing the defendant Italian based law firm’s appeal against an order, dismissing its application to stay the claimant barrister’s claim for professional fees (the London claim) on the grounds of lis alibi pendens, pursuant to Art 29 of Brussels 1 Recast Regulation 1215/2012 (prior to the Withdrawal Agreement). The jurisdictional dispute concerned the priority between the London claim and the law firm’s prior and mirror action in Palermo, which sought a declaration of non-liability in respect of the barrister’s claim. The court held, among other things, that the judge had wrongly interpreted Moore v Moore [2007] All ER (D) 158 (Apr) as limiting the extension of lis pendens under Art 29 of the Regulation to circumstances where an ‘in time’ appeal

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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