header-logo header-logo

28 January 2010 / Sarah Thomas , Ina Jahn , David Howell
Issue: 7402 / Categories: Features , Commercial
printer mail-detail

State of affairs

The ECJ decision in West Tankers has been confirmed, say David Howell, Sarah Thomas & Ina Jahn

Following the landmark decision of the European Court of Justice (ECJ) in West Tankers (Allianz SpA v West Tankers Inc C-185/07 [2009] (10 February 2009), the Court of Appeal has confirmed in its decision in National Navigation Co v Endesa Generacion SA [2009] EWCA Civ 1397, [2009] All ER (D) 179 (Dec) (21 December 2009) that a judgment given in EU member state court proceedings in which the subject matter falls within the Brussels Regulation (Regulation 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters) may be recognised in court proceedings in another member state, regardless of whether the latter proceedings fall outside the scope of the Brussels Regulation.

In the West Tankers decision the ECJ held that where a party brings court proceedings in an EU member state in breach of an arbitration agreement and the court determines that it has jurisdiction under the Regulation because the

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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll