Conflict of laws
JSC Commercial Bank Privatbank v Kolomoisky and others [2019] EWCA Civ 1708, [2019] All ER (D) 86 (Oct)
The judge had erred in concluding, amongst other things, that the first and second defendants could not be sued in England under Art 6(1) of the Lugano Convention and that, therefore, the claim against them should be struck out. The Court of Appeal, Civil Division, allowing the claimant bank’s appeal, held that the bank, which had a sustainable claim against English co-defendants and intended to pursue the claim to judgment against those defendants in combination with its claims against the first and second defendants, had been entitled to rely on Art 6(1) of the Lugano Convention even if its sole object in commencing the proceedings against the English defendants was to be able to also sue those individuals in the same proceedings.
Costs
Dover v Finsbury Food Group Plc [2019] Lexis Citation 370, [2019] All ER (D) 97 (Oct)
The defendant employer’s appeal against a finding that the claimant was entitlement to payment of counsel’s fee failed. The Senior Courts Costs Office