Cross Border Litigation & Jurisdiction Rules for Defendants in Europe

Introduction

Do you need to determine whether the English and Welsh courts can hear a claim against a European defendant?

If the claimant needs permission, how easy is it obtain it?

As the European Union’s Judgments Regulation ceased to apply a few years ago, suing European defendants in the English and Welsh courts will often require a successful application to the court before the claim form can be issued. But there are exceptions: knowing when these apply will save time and costs.

What You Will Learn

This short webinar will cover the following:

• The process for obtaining permission, including the new gateways introduced in 2022
• Challenges to grants of permission to issue by defendants after service
• Claims that do not require permission to issue
• A detour to the Netherlands: the Hague Convention, Choice of Courts Agreements 2005
• Jurisdiction challenges 1 - the jurisdictional gateways (Four Seasons Holdings Incorporated v Brownlie and Manek v IIFL (Wealth) UK Limited)
• Jurisdiction challenges 2 - the process for challenging the forum and the substantial risk of injustice overlay (the Fundao dam case; Al Aggad v Al Aggad; plus Lungowe v Vedanta Resources plc, applied in Mousavi-Khalkai v Abrischamchi)
• Cases referring to the sections inserted in the Civil Jurisdiction and Judgments Act 1982 post Brexit relating to consumer and employment claims

This webinar was recorded on 10th April 2025

You can gain access to this webinar and 1,900+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.