Simon v Taché

Subject Matter

CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Applicability of Regulation — Belgian but not English proceedings commenced prior to end of transition period of United Kingdom’s withdrawal from European Union — Proceedings becoming “related” after end of transition period — Whether European Union Regulation applicable — Parliament and Council Regulation (EU) No 1215/2012, art 29 — Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, art 67

[2022] EWHC 1674 (Comm); [2022] QB 917; [2022] 3 WLR 835; [2022] WLR(D) 297, QBD

CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Court first seised — English claimant obtaining permission to serve defendants out of jurisdiction before claim form issued — Whether English court seised when permission to serve out obtained or when claim form issued — Parliament and Council Regulation (EU) No 1215/2012, arts 29, 32

[2022] EWHC 1674 (Comm); [2022] QB 917; [2022] 3 WLR 835; [2022] WLR(D) 297, QBD

Commentary

Blackstones Civil Practice 2023
Jurisdiction over Foreign Defendants - Introduction 16.1

Lis pendens 16.8