A summary of recent developments in insurance, reinsurance and litigation law
This Week's Caselaw
Cook v Virgin Media; McNeil v Tesco: Whether recast
Regulation applies where competing jurisdictions are within the UK;
court's power to strike out where no jurisdictional challenge
made
http://www.bailii.org/ew/cases/EWCA/Civ/2015/1287.html
The main issue in this case is whether the recast Regulation
(Regulation 1215/2012) applies to jurisdictional issues where the
competing jurisdictions are within the UK. Here, the claimants
commenced proceedings in England (where the defendants have their
registered offices) but the judge at first instance held that
Scotland was the most appropriate forum (relying on the forum
non conveniens doctrine, which allows a court to dismiss an
action, even though it has jurisdiction, on the basis that another
country is a more appropriate forum). It was not disputed that
Scotland would be the most appropriate forum – what was
