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08 April 2020
Issue: 7882 / Categories: Case law , In Court , Law digest
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Law digests: 10 & 17 April 2020

Conflict of laws

 

Aspen Underwriting Ltd and others v Credit Europe Bank Nv [2020] UKSC 11, [2020] All ER (D) 08 (Apr)

A jurisdiction agreement in an insurance contract did not bind a third party beneficiary of insurance who was domiciled in a different contracting state and who had not expressly subscribed to the clause. Accordingly, the Supreme Court ruled that the lower courts had not erred in ruling that the English court did not have jurisdiction pursuant to the exclusive English jurisdiction clause contained in the insurance policy concerning a vessel (the policy), in proceedings to recover sums paid by the insurers under a settlement agreement relating to the loss of the vessel, on the basis that it had been deliberately sunk. The court held that the bank, which was domiciled in the Netherlands and which was identified as the mortgagee, assignee and loss payee in the policy, was not a party to the contract (concerning jurisdiction) contained in that policy and that it was not bound by that contract to submit to the jurisdiction of the English

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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