Practitioners regularly acting in insolvency proceedings were given a “refresher” on the matters to which they should have regard when seeking permission to serve a non-EU foreign defendant out of the jurisdiction in Hosking v Apax Partners LLP  EWHC 558 (Ch). Continue reading
This case (Banco Santander Totta SA v Companhia de Carris de Ferro de Lisboa SA  EWHC 465 (Comm)), arises from a number of complex swap contracts under which, by October 2015, some EUR 272 million were due but not paid.
In his judgment on 4 March 2016, among other things, Blair J decided that Article 3(3) of the Rome Convention  could not be used to displace a contractual choice of English law with certain mandatory provisions of Portuguese law even where both contracting parties were Portuguese. Had he held otherwise, Portuguese law might have provided a complete defence to payment. Blair J’s decision was clearly influenced by the desirability of legal certainty in major financial transactions and upholding party autonomy.
Blair J’s decision is notable because his conclusion is at odds with that of Walker J in a similar case involving Italian parties (Dexia Crediop SpA v Comune di Prato  EWHC 1746 (Comm)). Continue reading
Three members of 20 Essex Street were involved on both sides of a recent application for an anti-suit injunction in Magellan Spirit ApS v Vitol SA  EWHC 454 (Comm). The central issue in the case was whether there was an agreement conferring jurisdiction on the English High Court for the purposes of, among other things, the Lugano Convention.
In refusing the anti-suit injunction, Leggatt J held that even if a written consensus could satisfy Article 23 of the Lugano Convention, it was not enough for an anti-suit injunction. This is also a case in which delay in applying for an anti-suit injunction was a problem for the applicants (see too our post on Ecobank Transnational v Tanoh). Continue reading
Yesterday’s Court of Appeal decision in Sarpd Oil International Ltd v Addax Energy SA  EWCA Civ 120 is not strictly a decision on jurisdiction or conflicts of law. It may well still be of significant interest to those involved in international litigation. It will be welcomed by defendants who wish to secure security for costs against claimant companies incorporated in low disclosure jurisdictions. The successful appellant was represented by two members of 20 Essex Street, David Lewis QC and Oliver Caplin. Continue reading