header-logo header-logo

Conflict of laws

09 November 2012
Issue: 7537 / Categories: Case law , Law digest , In Court
printer mail-detail

Joint Stock Company Aeroflot Russian Airlines v Berezovsky and another [2012] EWHC 3017 (Ch), [2012] All ER (D) 304 (Oct)

It was settled law that the competence of a foreign court to summon a defendant depended, in the absence of any form of submission to the jurisdiction, on his physical presence in the country concerned at the time of suit. Further, when a person submitted to the jurisdiction of a foreign court in respect of a claim made against a plaintiff or claimant in those proceedings, he could also be taken to have submitted to its jurisdiction in respect of: (i) claims concerning the same subject matter; and (ii) related claims. Moreover, it was an established principle that two policies supported the doctrine of res judicata estoppel: (i) the interest of the community in the termination of disputes and the finality and conclusiveness of judicial proceedings; and (ii) the right of the individual to be protected from vexatious multiplication of suits and prosecutions.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll