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Where in the world?

12 August 2016 / Nick Chapman , Donny Surtani
Issue: 7711 / Categories: Features , EU , Commercial
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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
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Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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