Source: All England Reporter
Publisher Citation: [2017] All ER (D) 40 (Mar)
Neutral Citation: [2017] EWCA Civ 83
Court: Court of Appeal, Civil Division

Briggs, Sales and Henderson LJJ

Representation Christopher Hancock QC, Jonathan Crystal, David Caplan and Charlotte Tan (instructed by McGuireWoods London LLP) for the claimants.
  Robert Miles QC, Jeremy Goldring QC and Tom Gentleman (instructed by Travers Smith LLP) for Kaupthing and another defendant.
Judgment Dates: 3 March 2017


Conflict of laws - Jurisdiction - Civil and commercial matters - Insolvency exception - Appellants appealing against judge's decision dismissing claim for unlawful means conspiracy against fourth defendant Icelandic bank subject of winding-up proceedings - Whether Icelandic law permitted to have jurisdictional effect contrary to international convention - Whether Icelandic law having extraterritorial effect - of the European Parliament and Council, - Regulation (EU) No 1215/2012 of the European Parliament and Council - Lugano Convention.

The Case

Conflict of laws Jurisdiction. The Court of Appeal, Civil Division, dismissed the claimants' appeal against the judge's decision, dismissing their claims for unlawful means conspiracy against the fourth defendant Icelandic bank. There was no implied restriction in of the European Parliament and Council upon the application of the law of the home member state wherever it would have a jurisdictional effect and the effect of Icelandic bankruptcy law was that, when used with effect outside Iceland, no civil proceedings could be brought in any court, inside or outside Iceland, against a credit institution in liquidation.

Practice Areas

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