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International Private Law > Jurisdiction > Flashcards

Jurisdiction Flashcards

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1
Q

What are the relevant instruments?

A

Brussels bis I Regulation.
Logano Convention 2007.
1982 Act - sch4,8,9

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2
Q

What is the scope of the Brussels bis I Regulation?

A
  • civil and commercial matters

- no revenue, custom, administration

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3
Q

LTU v Eurocontrol

A
  • concerned a claim by Eurocontrol held to be outwith regulation scope
  • Eurocontrol was created by international treaty
  • ECt seems to establish that public law matters are excluded from the scope of the Convention
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4
Q

Land Berlin v Sapir

A
  • Claim made by public body
  • Action for recovery of payment under state compensatory scheme
  • Held not to be a public law matter, more like a civil claim
  • pre-condition of bringing cases together is that all defenders must have EU domicile
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5
Q

Daniel v Foster

A

Action raised in Dumbartonshire. Man claimed lack of jurisdiction - primarily lived in Sussex.

  • having regard to nature - he was domicile in Dumbarton
  • 2 jurisdictional domiciles
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6
Q

Peters v ZNAV

A

Special jurisdiction: contract.

  • association of companies formed in Netherlands sued German company owing them money
  • Held that agreement to be part of association is a contract
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7
Q

Klienwort Benson v City of Glasgow DC

A
  • plaintiff was a bank owing money to Glasgow council
  • action to recover money - contract was void on basis that Glasgow council had acted ultra vires when they entered contract
  • Held that action did not relate to contract
  • justiciable in court of domicile
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8
Q

Be Bloos v Bouyer

A
  • dispute must be about particular obligation not whole contract
  • jurisdiction not applicable if concerns more than 1 obligation, unless same state
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9
Q

Bank of Scotland v Seitz

A

No place of performance specified. Contractual dispute between German and Scottish companies.

  • Scots law governed contract so it follows that Scots law will apply
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10
Q

Car Trim Gmbh v KeySafety Systems

A
  • Italian and German company

- Held to be sale of goods contract

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11
Q

Color Drack Gmbh v Lexx Int.

A
  • Austria, German company
  • German company supply goods to Austrian company.
  • multiple areas of supply
  • Austrian courts had jurisdiction - any place could hear action in Austria
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12
Q

Wood Floor Solutions v Silva Trada SA

A
  • Luxembourg company in breach of Austrian
  • Austrian company - activities in different countries
  • main provision = Austrian = jurisdiction
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13
Q

Rehder v Air Baltic Corp C

A
  • where more than one court has jurisdiction, party can chose most convenient court to hear dispute
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14
Q

Bier case

A

Discharge of waste material (France) caused loss to horticultural land (Netherlands).

  • Held that action for damages could be raised in either place
  • Plaintiff can chose place of action where resultant harm and place giving rise to damage are not the same
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15
Q

Dumez France SA v Hessiche Landesbank

A
  • Rhine case does not apply where claimant claims loss suffered through others
  • Loss must be suffered by direct victim
  • French company attempted to claim damages from German bank who had provided poor advice to subsidiary German companies who went bust
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16
Q

Zuid-Chemie BV

A
  • Dutch company bought defective goods in Belgium brought back to Netherlands
  • Netherlands was place where damage occured
  • This was where attempt to use materials was used
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17
Q

Shevill v Presse Alliance SA

A
  • Rhine principle: defamation could be claimed in France or Eng
  • France - damages for reputation everywhere
  • England - only damages in England (disincentive)
18
Q

Kainz v Pantherwerke (bike)

A
  • Held: where manufacturer makes defective product, place where product manufactured could hear action
  • German manufacturers had jurisdiction even though incident occured in Austria
19
Q

SAR Schotte Gmbh v Parfums

A
  • suing agency/branch/establishment art7(5)
  • German company merely extentsion of French company
  • de facto branch of main French company
20
Q

Courtaulds Clothing Brands Ltd v Knowles

A
  • pursuer tried to sue “one person” business at their business address as “other establishment”
  • court rejected this argument
21
Q

Freeport Plc v Olle Arnoldsson

A
  • different nature of action does not preclude application of connected jurisdiction
  • contract and tort actions against English and Swedish companies could be heard together
  • as judgements could be contradictory
22
Q

Benincasa v Dentalkit Srl (art17)

A
  • point of contract related to his would be running of the shop
  • could not be regarded as consumer
23
Q

Gruber v Baywa AG

A
  • tiles purchased to re-roof dwelling house also used partly for farming
  • where dual purpose relates to trade/profession
24
Q

Prostar Management v Twaddle

A
  • could not be regarded as consumer case
  • footballer & management agreement
  • agreement concerned trade of pro footballer
25
Q

Semple v Quayle

A
  • solicitor raised proceedings against client in Sco
  • former client moved to Eng. - rejected claim as consumer
  • held: depended on reasons client wanted advice/representation from solicitors
26
Q

Pammer case

A
  • e-commerce activity must be directed to state where consumer is based
  • must be a link between consumer and member state
27
Q

Muhlleitner v Yusulfi

A
  • Austrian consumer online search German retailer
  • telephone no. international dialling code
  • rule not limited to distance contracts
28
Q

Webb v Webb

A
  • concerned flat purchased by England in France for son
  • property held in trust
  • Ect held: this involved a personal claim not a right in rem
29
Q

Rosler v Rottwinkel

A
  • tenant must be natural person

- landlord/tenant domicile same Regulation state

30
Q

Examples of exclusive jurisdiction.

A

Rights in rem immoveable property: courts have jurisdiction no matter defenders domicile

Tenancies: courts where defender is domicile - natural person, tenant/landlord same reg state

Companies: where association has its seat

IP: where application takes place/deemed to take place

Enforcement of judgments: courts where judgement has been or is to be enforced

31
Q

Barratt Int. Resorts Ltd v Martin

A
  • action raised in Sco regarded property management in Spain
  • dispute was not about real right in immoveables
  • CoS in Sco had jurisdiction
32
Q

AS Autoteile Service

A
  • Dispute was about liability, not enforcing judgement

- enforcement of judgements is narrowly interpreted

33
Q

Examples of protective jurisdiction?

A

Brussels bis I Regulation.

  • insurance (art 10 - 16)
  • employment (art 20-23)
  • consumer (art 17 - 19)
34
Q

What is a prorogation clause?

A

Brussels bis I art25.

  • presumption that chosen court has exclusive jurisdiction in relation to dispute
35
Q

Meeth v Glacetal Sarl

A
  • split jurisdiction clause is acceptable for exclusive jurisdiction
  • Ger and French companies
  • sue where client domicile
36
Q

MSG case

A
  • oral shipping contract
  • Ger sent written letter stating exclusive jurisdiction
  • later prorogation clause was valid as French company had not objected
37
Q

‘Italian torpedo’ case

A
  • Italian court accepted proceedings despite exclusive jurisdiction clause Austria
  • Ect held court first seised rule applied
  • Judgement clearly wrong
38
Q

Drouout Assurances SA v CMI

A
  • action arising from sinking ship
  • Held: yes same action: same substance
  • insurers stand in defeat of person granting insurance
  • Netherlands and France
39
Q

Owusu v Jackson

A
  • non-domiciled Eng. hired Jamaica holiday house
  • Jamaica most appropriate court
  • Ect held: this was EU case because one of defendants domicile in EU country
40
Q

Lennon v Scottish Daily Record

A
  • defamation claim in England
  • England argued Scotland courts better to hear
  • plea rejected
  • case had more connections to Scotland
41
Q

Sim v Robinow

A
  • although both companies resident in SA, Sco courts more competent to hear
42
Q

Spiliada Maritime Corp.

A
  • England refused plea of forum non conveniens

- in this case, fully recognised doctrine in England

International Private Law (6 decks)

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