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
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