header-logo header-logo

Where in the world?

12 August 2016 / Nick Chapman , Donny Surtani
Issue: 7711 / Categories: Features , EU , Commercial
printer mail-detail
istock_86478385_medium

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
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

Kingsley Napley—Tristan Cox-Chung

Kingsley Napley—Tristan Cox-Chung

Firm bolsters restructuring and insolvency team with partner hire

Foot Anstey—Stephen Arnold

Foot Anstey—Stephen Arnold

Firm appoints first chief client officer

Mewburn Ellis—Aled Richards-Jones

Mewburn Ellis—Aled Richards-Jones

IP firm welcomes experienced patent litigator as partner

NEWS
Solicitors are installing panic buttons and thumb print scanners due to ‘systemic and rising’ intimidation including death and arson threats from clients
Ministers’ decision to scrap plans for their Labour manifesto pledge of day one protection from unfair dismissal was entirely predictable, employment lawyers have said
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
back-to-top-scroll