The Weekly Law Reports
[2015] 1 WLR 4225
Court of Appeal
*Deutsche Bank AG London Branch v Petromena ASA (in bankruptcy)
[2015] EWCA Civ 226
2015 Feb 11,
12;
March 18
Longmore, Ryder, Floyd LJJ
Conflict of laws— Jurisdiction under European Convention— Exclusive jurisdiction— Bank holding bonds issued by Norwegian company— Loan agreement having Norwegian exclusive jurisdiction clause— Bank’s London branch offering finance to company but then selling bonds to company’s competitor— Company bringing proceedings in Norway for compensation alleging breach of duty and negligent advice— Whether London place of performance of any contract between parties— Whether dispute connected with legal relationship created by loan agreement— Whether exclusive jurisdiction clause applying— Whether English courts having jurisdiction—
Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (2007)
, arts 5, 23
Practice— Acknowledgement of service— Jurisdiction— Defendant acknowledging service of claimant’s proceedings but disputing English courts’ jurisdiction— Judge dismissing defendant’s application for declaration that English courts having no jurisdiction— Defendant filing second acknowledgement of service and seeking permission to appeal— Whether second acknowledgement of service constituting submission to jurisdiction— Whether defendant thereby entering appearance before English courts—
CPR
r 11(8)
—
Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (2007)
, art 24