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

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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