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ARTICLE · 24 AUGUST 2012

Court Confirms Jurisdiction Principles

A recent High Court decision involved consideration of whether the court properly had jurisdiction to hear a case based on the principles of the EU Brussels I Regulation.

IrelandLitigation, Mediation & Arbitration

A recent High Court decision involved consideration of whether the court properly had jurisdiction to hear a case based on the principles of the EU Brussels I Regulation (44/2001). While the decision does not establish any novel principle, it is a useful restatement of a generally understood position.

Background

In Coleman v Offley Insurance Services Limited(1) the defendant, an insurance broking firm registered in the United Kingdom, brought a motion seeking an order to set aside service of proceedings and/or to strike out the summons on the basis that the Irish court did not have jurisdiction to hear and determine the plaintiffs' claims under the Brussels I Regulation. In the summons, the plaintiffs sought damages for "breach of contract, negligence, breach of duty (including breach of statutory duty and breach of fiduciary duty)" and "a declaration that [they] are entitled to an indemnity from the defendant".

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