Jurisdiction Flashcards
1
Q
What are the relevant instruments?
A
Brussels bis I Regulation.
Logano Convention 2007.
1982 Act - sch4,8,9
2
Q
What is the scope of the Brussels bis I Regulation?
A
- civil and commercial matters
- no revenue, custom, administration
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
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
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
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
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
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
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
10
Q
Car Trim Gmbh v KeySafety Systems
A
- Italian and German company
- Held to be sale of goods contract
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
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
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
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
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
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
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
Semple v Quayle
- 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
Pammer case
- e-commerce activity must be directed to state where consumer is based
- must be a link between consumer and member state
27
Muhlleitner v Yusulfi
- Austrian consumer online search German retailer
- telephone no. international dialling code
- rule not limited to distance contracts
28
Webb v Webb
- 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
Rosler v Rottwinkel
- tenant must be natural person
| - landlord/tenant domicile same Regulation state
30
Examples of exclusive jurisdiction.
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
Barratt Int. Resorts Ltd v Martin
- action raised in Sco regarded property management in Spain
- dispute was not about real right in immoveables
- CoS in Sco had jurisdiction
32
AS Autoteile Service
- Dispute was about liability, not enforcing judgement
| - enforcement of judgements is narrowly interpreted
33
Examples of protective jurisdiction?
Brussels bis I Regulation.
- insurance (art 10 - 16)
- employment (art 20-23)
- consumer (art 17 - 19)
34
What is a prorogation clause?
Brussels bis I art25.
- presumption that chosen court has exclusive jurisdiction in relation to dispute
35
Meeth v Glacetal Sarl
- split jurisdiction clause is acceptable for exclusive jurisdiction
- Ger and French companies
- sue where client domicile
36
MSG case
- oral shipping contract
- Ger sent written letter stating exclusive jurisdiction
- later prorogation clause was valid as French company had not objected
37
'Italian torpedo' case
- Italian court accepted proceedings despite exclusive jurisdiction clause Austria
- Ect held court first seised rule applied
- Judgement clearly wrong
38
Drouout Assurances SA v CMI
- action arising from sinking ship
- Held: yes same action: same substance
- insurers stand in defeat of person granting insurance
- Netherlands and France
39
Owusu v Jackson
- 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
Lennon v Scottish Daily Record
- defamation claim in England
- England argued Scotland courts better to hear
- plea rejected
- case had more connections to Scotland
41
Sim v Robinow
- although both companies resident in SA, Sco courts more competent to hear
42
Spiliada Maritime Corp.
- England refused plea of forum non conveniens
| - in this case, fully recognised doctrine in England
