The CJEU does not follow its AG in 'Apple App store'. Stretches the statutory provisions of Brussels Ia to support collective action under the Dutch WAMCA.
gavclaw.com/2025/12/03/t...
The CJEU does not follow its AG in 'Apple App store'. Stretches the statutory provisions of Brussels Ia to support collective action under the Dutch WAMCA.
gavclaw.com/2025/12/03/t...
Representative action
Diverges from AG (see gavclaw.com/2025/05/01/s...)
Holds Dutch WAMCA collective action can be concentrated ex post despite Dutch CPR not foreseeing this ex ante.
More later
Judgment so far FR and NL only curia.europa.eu/juris/docume...
Representative action
Diverges from AG (see gavclaw.com/2025/05/01/s...)
Holds Dutch WAMCA collective action can be concentrated ex post despite Dutch CPR not foreseeing this ex ante.
More later
Judgment so far FR and NL only curia.europa.eu/juris/docume...
EU Member States and European Parliament agree on amendments to EU trade preferences for developing countries - including withdrawal of preferences in the event of insufficient readmission of migrants (in the EU's opinion)
www.consilium.europa.eu/en/press/pre...
EU Member States and European Parliament agree on amendments to EU trade preferences for developing countries - including withdrawal of preferences in the event of insufficient readmission of migrants (in the EU's opinion)
www.consilium.europa.eu/en/press/pre...
👉 This should lead to the EU to reconsider glyphosate's permit on the EU market.
😡 But EC and Big Polluters team up to weaken safety rules
👉 This should lead to the EU to reconsider glyphosate's permit on the EU market.
😡 But EC and Big Polluters team up to weaken safety rules
Confirmation of the approach in Litasco v Banque El Amana (see gavclaw.com/2025/05/25/l...)
Beneathco DMCC v R.J. O'Brien Ltd [2025] EWHC 3079 (Comm) bailii.org/ew/cases/EWH...
Confirmation of the approach in Litasco v Banque El Amana (see gavclaw.com/2025/05/25/l...)
Beneathco DMCC v R.J. O'Brien Ltd [2025] EWHC 3079 (Comm) bailii.org/ew/cases/EWH...
Discusses ia res inter alios acta principle in the context of damages
Skyros Maritime Corp v Hapag-Lloyd (Re 'SKYROS' & 'AGIOS MINAS') [2025] EWCA Civ 1529 www.bailii.org/ew/cases/EWC...
Discusses ia res inter alios acta principle in the context of damages
Skyros Maritime Corp v Hapag-Lloyd (Re 'SKYROS' & 'AGIOS MINAS') [2025] EWCA Civ 1529 www.bailii.org/ew/cases/EWC...
National Security & Investment Act 2021 NSIA
Requirement of compensation viz forced sale re security interest (Russia sanctions)
A1P1 rights
Absence of Strasbourg authority
L1T FM Holdings v [HMG] [2025] EWCA Civ 1528
www.bailii.org/ew/cases/EWC...
National Security & Investment Act 2021 NSIA
Requirement of compensation viz forced sale re security interest (Russia sanctions)
A1P1 rights
Absence of Strasbourg authority
L1T FM Holdings v [HMG] [2025] EWCA Civ 1528
www.bailii.org/ew/cases/EWC...
A24, 25 Withdrawal Agreement
'Zambrano', other derivative rights
Baker LJ ia emphasising [82] core beneficiary of derived residence rights: person benefitting from free movement in the first place
Ayoola v [HMG] [2025] EWCA Civ 1519 www.bailii.org/ew/cases/EWC...
A24, 25 Withdrawal Agreement
'Zambrano', other derivative rights
Baker LJ ia emphasising [82] core beneficiary of derived residence rights: person benefitting from free movement in the first place
Ayoola v [HMG] [2025] EWCA Civ 1519 www.bailii.org/ew/cases/EWC...
open.spotify.com/track/6ILOO5...
open.spotify.com/track/6ILOO5...
Court of Appeal confirms PISS v Al Jaraan
The Public Institution for Social Security v Al Rajaan & Ors [2025] EWCA Civ 1505
www.bailii.org/ew/cases/EWC...
For background see gavclaw.com/2024/11/19/d...
Court of Appeal confirms PISS v Al Jaraan
The Public Institution for Social Security v Al Rajaan & Ors [2025] EWCA Civ 1505
www.bailii.org/ew/cases/EWC...
For background see gavclaw.com/2024/11/19/d...
A8 ECHR (right to family life), extended 'family' (siblings and niece/nephews) for migration purposes
Confirms tribunal's trias politica view: their task is to apply, not to create policy
IA & Ors v [HMG] [2025] EWCA Civ 1516 bailii.org/ew/cases/EWC...
A8 ECHR (right to family life), extended 'family' (siblings and niece/nephews) for migration purposes
Confirms tribunal's trias politica view: their task is to apply, not to create policy
IA & Ors v [HMG] [2025] EWCA Civ 1516 bailii.org/ew/cases/EWC...
Rome II, law applicable to claim for misuse of trade secret
Held Latvian law, hence English law cannot be applied to determine serious issue to be tried
Playtech Software v Realtime SIA [2025] EWCA Civ 1472
www.bailii.org/ew/cases/EWC...
Rome II, law applicable to claim for misuse of trade secret
Held Latvian law, hence English law cannot be applied to determine serious issue to be tried
Playtech Software v Realtime SIA [2025] EWCA Civ 1472
www.bailii.org/ew/cases/EWC...
Municipio de Mariana v BHP. A groundbreaking liability finding with a sprinkle of conflict of laws: Rome II's evidence and procedure carve-out seen against required claim form detail relevant for limitation purposes.
gavclaw.com/2025/11/17/m...
Municipio de Mariana v BHP. A groundbreaking liability finding with a sprinkle of conflict of laws: Rome II's evidence and procedure carve-out seen against required claim form detail relevant for limitation purposes.
gavclaw.com/2025/11/17/m...
WeAreNature.Brussels: Brussels court halts further planning permits in Climate litigation first
Pleased to have Elias Van Gool post the 1501th post on the blog, discussing a breakthrough (yes I know there are caveats) climate judgment in Brussels.
gavclaw.com/2025/11/16/w...
WeAreNature.Brussels: Brussels court halts further planning permits in Climate litigation first
Pleased to have Elias Van Gool post the 1501th post on the blog, discussing a breakthrough (yes I know there are caveats) climate judgment in Brussels.
gavclaw.com/2025/11/16/w...
www.lawgazette.co.uk/news/brazil-...
www.lawgazette.co.uk/news/brazil-...
Hip hip hurray to the blog!
1st post was released March 2012
gavclaw.com/2012/03/27/e...
Readers, feedback and recognition make it much worthwile.
To the next 1500 :-)
Hip hip hurray to the blog!
1st post was released March 2012
gavclaw.com/2012/03/27/e...
Readers, feedback and recognition make it much worthwile.
To the next 1500 :-)
ICC arbitrator must decide under Kompetenz Kompetenz principle whether she has jurisdiction (essentially whether valid ADR clause exist between the parties
Orange Transgroup Ltd & Anor v Shein Distribution UK Ltd [2025] EWHC 2966 (KB)
www.bailii.org/ew/cases/EWH...
ICC arbitrator must decide under Kompetenz Kompetenz principle whether she has jurisdiction (essentially whether valid ADR clause exist between the parties
Orange Transgroup Ltd & Anor v Shein Distribution UK Ltd [2025] EWHC 2966 (KB)
www.bailii.org/ew/cases/EWH...
As I have said before: would love to have someone write a PhD with me on comparative cost law
White ea v Uber London Ltd ea [2025] EWHC 2972 (Comm)
www.bailii.org/ew/cases/EWH...
As I have said before: would love to have someone write a PhD with me on comparative cost law
White ea v Uber London Ltd ea [2025] EWHC 2972 (Comm)
www.bailii.org/ew/cases/EWH...
(applying Nicholls gavclaw.com/2024/06/02/n...)
JSC Commercial Bank PrivatBank v Kolomoisky & Ors (Rev1) [2025] EWHC 2909 (Ch) www.bailii.org/ew/cases/EWH...
(applying Nicholls gavclaw.com/2024/06/02/n...)
JSC Commercial Bank PrivatBank v Kolomoisky & Ors (Rev1) [2025] EWHC 2909 (Ch) www.bailii.org/ew/cases/EWH...
R (Children: Setting Aside Hague Return Order) [2025] EWCA Civ 1426
www.bailii.org/ew/cases/EWC...
R (Children: Setting Aside Hague Return Order) [2025] EWCA Civ 1426
www.bailii.org/ew/cases/EWC...