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04 June 2010
Issue: 7420 / Categories: Case law , Law digest
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Conflict of laws

Depfa Bank plc v Provincia di Pisa; Dexia Crediop SpA v Provincia di Pisa [2010] EWHC 1148 (Comm), [2010] All ER (D) 231 (May)

Article 22 of Council Regulation (EC) 44/2001 (on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters), was one of the articles on jurisdiction which created an exception to the general rule of jurisdiction set out in the Regulation, accordingly, it should not be given an interpretation that was broader than was required by its objective.

The objective of Art 22 was, in the interests of the sound administration of justice, to ensure that jurisdiction rested with the courts which were closely linked, in fact and law, with the proceedings and to avoid conflicting decisions being given as regards the existence of a relevant entity or as regards the validity of the decisions of its organs. In considering whether or not Art 22(2) issues were raised, the court had to consider the nature of both the claim and any defences. For Art 22(2) to be engaged, the question was whether or not the action was “principally concerned” with an

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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