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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

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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