header-logo header-logo

Law digests: 10 June 2022

10 June 2022
Issue: 7982 / Categories: Case law , In Court , Law digest
printer mail-detail

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

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll