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Conflict of laws

09 November 2012
Issue: 7537 / Categories: Case law , Law digest , In Court
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Joint Stock Company Aeroflot Russian Airlines v Berezovsky and another [2012] EWHC 3017 (Ch), [2012] All ER (D) 304 (Oct)

It was settled law that the competence of a foreign court to summon a defendant depended, in the absence of any form of submission to the jurisdiction, on his physical presence in the country concerned at the time of suit. Further, when a person submitted to the jurisdiction of a foreign court in respect of a claim made against a plaintiff or claimant in those proceedings, he could also be taken to have submitted to its jurisdiction in respect of: (i) claims concerning the same subject matter; and (ii) related claims. Moreover, it was an established principle that two policies supported the doctrine of res judicata estoppel: (i) the interest of the community in the termination of disputes and the finality and conclusiveness of judicial proceedings; and (ii) the right of the individual to be protected from vexatious multiplication of suits and prosecutions.

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MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

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Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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