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There is a veritable feast of articles, casenotes and book reviews in the latest issue of the Lloyd’s Maritime & Commercial Law Quarterly. They are: “Piercing the corporate veil: searching for appropriate choice of law rules” by Chee Ho Tham (L.M.C.L.Q. 2007, 1(Feb), 22-43) Analyses case law on whether the English courts will exceptionally disregard […]
Andrew McKnight (Salans) has written written his annual review in the Journal of International Banking Law and Regulation on legal developments during 2006 of interest to practitioners in the insolvency and conflict of laws fields (J.I.B.L.R. 2007, 22(4)). Here’s the abstract:
This, the second part of a two part article, examines legal developments during 2006 of interest to practitioners in the insolvency and conflict of laws fields. Reviews the UK adoption of the Model Law on Cross Border Insolvency 1997, the range of issues examined by the Court of Appeal in Manning v AIG Europe UK Ltd and other case law on topics including common law assistance in foreign insolvency proceedings, cross border insolvencies, transactions at an undervalue, administration expenses, court powers to determine a state’s entitlement in a bank account, jurisdiction agreements, sovereign immunity, conflict of laws rules concerning tortious issues and international arbitration.
Cases referred to: Cambridge Gas Transport Corp v Official Committee of Unsecured Creditors of Navigator Holdings Plc [2006] UKPC 26; [2006] 3 W.L.R. 689 (PC (IoM)); HIH Casualty & General Insurance Ltd v Axa Corporate Solutions (formerly Axa Reassurance SA) [2002] EWCA Civ 1253; [2002] 2 All E.R. (Comm) 1053 (CA (Civ Div)); Manning v AIG Europe UK Ltd [2006] EWCA Civ 7; [2006] Ch. 610 (CA (Civ Div)); AY Bank Ltd (In Liquidation), Re [2006] EWHC 830; [2006] 2 All E.R. (Comm) 463 (Ch D (Companies Ct)); Svenska Petroleum Exploration AB v Lithuania (No.2) [2005] EWHC 2437; [2006] 1 All E.R. (Comm) 731 (QBD (Comm)); Trafigura Beheer BV v Kookmin Bank Co (Preliminary Issue) [2006] EWHC 1450; [2006] 2 All E.R. (Comm) 1008 (QBD (Comm)); Harding v Wealands [2006] UKHL 32; [2006] 3 W.L.R. 83 (HL).
There is a short note in the new issue of the New Law Journal by Stephen Turner (Beachcroft LLP) entitled "Rome II – all change?" The abstract reads: Considers the UK law as it applies to torts committed overseas, with reference to the House of Lords ruling in Harding v Wealands, where a road traffic […]
The Future of Private International Law in England and Wales – Seminar at the British Institute of International & Comparative Law Tuesday 24 October 2006 17:00 to 19:00Location: Charles Clore House, 17 Russell Square, London WC1B 5JP Participants Lord Mance Professor Jonathan Harris, Birmingham University and Brick Court Chambers Adeline Chong, Nottingham University Adam Johnson, […]
There is a short note by Wendy Hopkins and Stephen Turner (Beachcroft LLP) in the new issue of the Solicitors Journal on the recent House of Lords ruling in Harding v Wealands (2006) UKHL 32; (2006) 3 WLR 83 (HL) [see
This post was written by Mrs Jenny Papettas, a PhD Candidate and Postgraduate Teaching Assistant at the University of Birmingham. The Court of Appeal delivered its judgment in the case of Maher v. Groupama Grand Est. on 12 November 2009, upholding both the decision and reasoning of Blair J. in the Queen’s Bench Division. The […]
The decision of the New South Wales Court of Appeal in McNeilly v Imbree