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09 November 2012
Issue: 7537 / Categories: Case law , Law digest , In Court
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Conflict of laws

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.

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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