header-logo header-logo

Home Login E-newsletter About us
17 July 2009
Issue: 7378 / Categories: Case law , Law reports
printer mail-detail

Conflict of laws—Jurisdiction—Challenge to jurisdiction

© Copyright LexisNexis 2026. All Rights Reserved.

JP Morgan Chase Bank, NA and another v Berliner Verkehersbetriebe (BVG) Anstalt Des Offentlichen Rechts, [2009] EWHC 1627 (Comm), [2009] All ER (D) 88 (Jul)

Queen’s Bench Division, Commercial Court, Teare J, 9 July 2009

When considering jurisdiction under Art 22 of Council Regulation (EC) 44/2001 (the Brussels Regulation), the court is involved in an exercise of overall classification and the litigation has to be viewed overall and an overall judgment has to be formed whilst taking into account the underlying rationale of Art 22(2).

Laurence Rabinowitz QC and Richard Handyside QC (instructed by Linklaters LLP) for the claimants. Tim Lord QC, Simon Salzedo and Sarah Abram (instructed by Addleshaw Goddard LLP) for the defendant.

The first claimant, JPM, a global provider of banking and financial services, entered into an independent collateral enhancement transaction (the transaction) dated 19 July 2007 with the defendant, a public law institution established under German law. The transaction was intended to provide protection to the defendant against the risks inherent in cross-border leasing arrangements into which it had entered.

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

Read All
Sponsored by
NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Read All
NLJ this week: ‘Joe Donor’ ruling exposes dangers of unregulated conception
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
NLJ this week: CILEX warns Mazur ruling must spark reform
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
NLJ this week: Conditional job offers carry hidden risks for employers
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
NLJ this week: Diamond rings and broken promises

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

NLJ this week: The battle over medical report fees intensifies
Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
Copyright © 2026 LexisNexis
back-to-top-scroll