| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 84 (Jul) |
| Court: | Commercial Court |
| Judge: | David Steel J |
| Representation | Michael Crane QC and David Edwards (instructed by Holman Fenwick Willan) for the claimant. |
| Bernard Eder QC and Joe Smouha (instructed by Baker & McKenzie) for the defendants. | |
| Judgment Dates: | 6 July 2001 |
Catchwords
Conflict of laws - Jurisdiction - Challenge to jurisdiction - Civil and commercial matters - Reinsurance contract - Action for payments made under inwards reinsurance contracts - Whether contract existing - Whether place of performance England - 1, art 5(1).
The Case
An application by defendants to set aside the service of the clam form on the ground that the court had no jurisdiction, pursuant to art5(1) of the Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters was dismissed on the facts, since the claimant had established a good arguable case that the claim was based on a contract and that England was the place of performance.
Practice Areas
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