*/
Conflict of Laws – Jurisdiction. The Technology and Construction Court ruled that an application to strike out the second claimant company's claim for contribution, under the Civil Liability (Contribution) Act 1978, in respect of its liability to owners of property damaged in fires, failed where the breaches of duty alleged against it had all occurred within the UK and, accordingly, the English Court had jurisdiction, under art 7(2) of Council Regulation (EU) No 1215/2012 (Brussels I Recast) to hear the claim. In respect of the first defendant, the claim clearly involved matters relating to a contract and, accordingly, the defendant had be sued in Italy, being the member state in which it was domiciled.
Conflict of Laws – Jurisdiction. The Technology and Construction Court ruled that an application to strike out the second claimant company's claim for contribution, under the Civil Liability (Contribution) Act 1978, in respect of its liability to owners of property damaged in fires, failed where the breaches of duty alleged against it had all occurred within the UK and, accordingly, the English Court had jurisdiction, under art 7(2) of Council Regulation (EU) No 1215/2012 (Brussels I Recast) to hear the claim. In respect of the first defendant, the claim clearly involved matters relating to a contract and, accordingly, the defendant had be sued in Italy, being the member state in which it was domiciled.
Our call for sufficient resources for the justice system and for the Bar to scrutinise the BSB’s latest consultation
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James Onalaja concludes his two-part opinion series
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