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Anti-Suit Injunctions.pdf

M_Ahmed_2020_136_3_L.Q.R..pdf
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🔗 Source: eprints.lancs.ac.uk
📊 Size: 194 KB
📄 Pages: 5 pages
⬇️ Downloads: 287

Summary

The Court of Appeal considered whether Article 4(1) of the Brussels Ia Regulation confers a directly enforceable right upon a person domiciled in a Member State, and if so, whether there is an obligation to provide a remedy, including an anti-suit injunction, if that right is breached by proceedings in a third State. The appellant argued that Samengo-Turner and Petter established a broader proposition that a person with a right to be sued in England should have that right protected by an anti-suit injunction, but this argument is criticized as inconsistent with the legislative history and procedural character of the Regulation. The Court of Appeal sent a preliminary reference to the CJEU, seeking clarification on the issue.

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Description

The Court of Appeal considered whether Article 4(1) of the Brussels Ia Regulation confers a directly enforceable right upon a person domiciled in a Member...

Technical Information

  • File Format: PDF
  • File Size: 194 KB
  • Pages: 5
  • Language: EN
  • Total Downloads: 287
  • Last Updated: 7 days ago

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