You can run, but you can't hide
A recent House of Lords judgment has clarified the rules on being sued. And, says Clark Hood, by putting the onus on defendants as soon as a writ is issued, many will now be discouraged from leaving the country to evade justice
If asked, most lawyers and laymen would have some concept of what it means to be ‘sued’. But the question of what being ‘sued’ actually means was one that the House of Lords had to wrestle with in Canada Trust Company & Others v Stolzenberg and Others (No 2). Judgment was delivered on 12 October.The case involved the interpretation of Articles 2 and 6 of the Lugano Convention on jurisdiction and the enforcement of judgments in civil and commercial matters. One of the questions that the House of Lords had to determine was whether a party was sued, for the purposes of Articles 2 and 6, when the writ (now claim form) was issued or when the writ was served. For these purposes the Lugano Convention is in the same terms as the Brussels Convention. The House of Lords unanimously held that a party was sued for the purposes of the Lugano Convention when the writ was issued. This issue will be particularly important in multi-party litigation where proposed defendants are domiciled in jurisdictions where either the Lugano or Brussels Conventions apply. It will also apply where, as in the Canada Trust case, there are proposed defendants who are domiciled in a combination of convention and non-convention jurisdictions.
This premium content is reserved for
Legal Week Subscribers.
Subscribe today and get 10% off.
A PREMIUM SUBSCRIPTION PROVIDES:
- Trusted insight, news and analysis from the UK and across the globe
- Connections to senior business lawyers within the leading law firms and legal departments
- Unique access to ALM's unrivalled, market-leading reporting in the US and Asia and cutting-edge research, including Legal Week's UK Top 50 and Global 100 rankings
- The Legal Week Daily News Alert, Editor's Highlights, and Breaking News digital newsletters and more, plus a choice of over 70 ALM newsletters
- Optimized access on all of your devices: desktop, tablet and mobile
- Complete access to the site's full archive of more than 56,000 articles
Already have an account? Sign In Now
For enterprise-wide or corporate enquiries, please contact Paul Reeves on Preeves@alm.com or call on +44 (0) 203 875 0651