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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

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Freeths—Keith Browne & Jim Jordan

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Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
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Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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