“Dieselgate” before the European Court of Justice (Michael McParland QC writes for Practical Law’s Dispute Resolution Blog)

Articles

“Dieselgate” before the European Court of Justice (Michael McParland QC writes for Practical Law’s Dispute Resolution Blog)


In Verein für Konsumenteninformation (VKI) v Volkswagen AG, the European Court of Justice determined whether the special jurisdiction provisions of article 7(2) of the Brussels I (Recast) Regulation (1215/2012) should be interpreted in a… Read more »

CategoryNews, Articles Author Michael McParland QC Date

“Dieselgate” VW’s before the CJEU: No smoke without special tort jurisdiction under the Brussels I Regulation?


The important recent decision in Verein für Konsumenteninformation (“VKI”) v Volkswagen AG (C-343/19) (9 July 2020) (see here) involved an action brought in Austria by an Austrian consumer organisation (VKI)… Read more »

CategoryNews, Articles Author Michael McParland QC Date

Immunity from jurisdiction under the Brussels I Regulation in a civil action for disasters at sea?


Is a maritime classification society immune from jurisdiction under the Brussels I Regulation in respect of a civil action for damages brought by victims of a maritime disaster? This was… Read more »

CategoryArticles Author Michael McParland QC Date

Off to Luxembourg again: Anti-Suit Injunctions and a “Right to be Sued” in your own domicile (Part Deux)


I have written previously about the 23 July 2019 decision of Lavender J. in Gray v Hurley [2019] EWHC 1972 (QB), in which the English court was asked by an… Read more »

CategoryNews, Articles Author Michael McParland QC Date

Billing lawyers: Bar Association Fees and Cross-Border Litigation in Europe


On 5 December 2019, the Court of Justice of the European Union (“CJEU”) handed down its judgment in the interesting case of Ordre des avocate du barreau de Dinant v… Read more »

CategoryNews, Articles Author Michael McParland QC Date

Singularis Holdings in the Supreme Court: The Quincecare Duty of Care is alive and well, while the case of Stone & Rolls Ltd is finally laid to rest


There is a “Happy Halloween” present from the Supreme Court for commercial fraud claimant litigators. In the important case of Singularis Holdings Ltd (In Official Liquidation) -v- Daiwa Capital Markets… Read more »

CategoryNews, Articles Author Michael McParland QC Date

“Hurley-Burly”: Anti-Suit Injunctions and “a right to be sued” in your own domicile under Article 4 of the Judgments Regulation?


In Gray v Hurley [2019] EWHC 1972 (QB) (23 July 2019) Mr Justice Lavender was asked to grant an anti-suit injunction to stop proceedings in New Zealand on the basis… Read more »

CategoryArticles Author Michael McParland QC Date

Exclusive Jurisdiction for Company Law Claims under Article 24 (2) of the Brussels I (Recast) Regulation: Akçil and others v Koza Ltd and another [2019] UKSC 40


On 29 July 2019, the Supreme Court handed down its decision in Akçil and others v Koza Ltd and another [2019] UKSC 40 (see Supreme Court judgment) unanimously overturning the decision of… Read more »

CategoryArticles Author Michael McParland QC Date

“Truck On”: Special jurisdiction in tort for damage claims arising out of cartel price fixing


On 29 July 2019, the CJEU handed down its ruling in Case C-451/18 Tibor-Trans Fuvarozó és Kereskedelmi Kft-v- DAF Trucks NV,  which deals with the important question of where is… Read more »

CategoryArticles Author Michael McParland QC Date

Jurisdiction in Construction Disputes involving Cross-Border Fraudulent Transfers of Assets


Debtors often try to make themselves judgment proof by transferring their assets to third parties. Consequently, all EU Member States provide various legal remedies that empower a creditor to ask… Read more »

CategoryArticles Author Michael McParland QC Date

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