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14 August 2015
Issue: 7665 / Categories: Case law , Law digest , In Court
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Conflict of laws

Petter v EMC Europe Ltd and another [2015] EWCA Civ 828, [2015] All ER (D) 313 (Jul)

The Court of Appeal, Civil Division, held that English court had jurisdiction pursuant to s 5 of Regulation (EU) 1215/2012 to determine a dispute arising out of the claimant’s employment with an English company whose parent company was a Massachusetts company, in circumstances where the claimant’s contract of employment contained an express choice of Massachusetts law and an exclusive jurisdiction agreement in favour of the courts of Massachusetts. The court allowed the claimant’s appeal against an order dismissing his application for an anti-suit injunction on the basis that it was bound by the decision in Samengo-Turner v J & H Marsh & McLennan (Services) Ltd [2007] 2 All ER (Comm) 813.

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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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