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12 August 2016 / Nick Chapman , Donny Surtani
Issue: 7711 / Categories: Features , EU , Commercial
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Where in the world?

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Donny Surtani & Nick Chapman examine the increasing predictability of jurisdiction in EU tort cases & the impact of Universal Music International Holding BV v Schilling

  • Under the rules that control jurisdictional issues for civil claims within the EU, the general position is that a defendant should be sued in the member state in which they are domiciled. However, where a claim is brought in tort, the claimant is also able to issue proceedings in either the place where the damage occurred or the place of the event that gave rise to the damage.
  • The allowances given to tort claimants have the potential to create difficulties where the damage is purely financial loss. More specifically, previous decisions of the Court of Justice of the European Union (CJEU) have raised the possibility of a claimant being able to pursue a claim in a jurisdiction that has very weak links to the subject-matter of the dispute, purely on the basis that that jurisdiction is the location of the claimant’s bank account, which felt the alleged loss.
  • The
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MOVERS & SHAKERS

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
The High Court has upheld the Metropolitan Police’s live facial recognition policy, rejecting claims that its deployment unlawfully interferes with privacy and protest rights
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
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