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Advocate General gives opinion in relation to the insurance of injuries caused by unauthorised drivers

  • Edwards Wildman Palmer LLP
  • -
  • European Union, United Kingdom
  • -
  • October 5 2011

This case (Case C-44210, Churchill Insurance Company Limited v Benjamin and Tracy Evans v Equity Claims Limited) which arose out of two references to the European Court of Justice (ECJ) made in separate cases before the English courts, concerned an issue unique to the system of vehicle insurance in the UK

West Tankers: the saga continues has West Tankers found a way around the ECJ's judgment, enabling it to frustrate the Italian proceedings that it earlier failed to injunct?

  • Herbert Smith Freehills LLP
  • -
  • European Union, Italy, United Kingdom
  • -
  • April 20 2011

On 6 April 2011, in the latest instalment of the West Tankers dispute, the Commercial Court in London upheld an earlier order for enforcement of a declaratory award which found that West Tankers Inc ("West Tankers") had no liability to Allianz SpA and Generali Assiurazione Generali SpA (the "Insurers"), who are currently pursuing court proceedings against West Tankers in Italy

Arbitration, anti-suit injunctions and the Brussels Regulation

  • McDermott Will & Emery
  • -
  • European Union, United Kingdom
  • -
  • March 27 2009

In Allianz SpA (formerly Riunione Adriatica Di Sicurta SpA) v West Tankers Inc 2009 C-18507 (unreported), the European Court of Justice (ECJ) ruled that anti-suit injunctions are incompatible with Regulation 442001EC (the Brussels Regulation) on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

The Front Comor: an end to anti-suit injunctions?

  • Reed Smith LLP
  • -
  • European Union, Italy, United Kingdom
  • -
  • December 31 2008

The Advocate General of the European Court of Justice (“ECJ”) has now delivered her opinion on a question referred to the ECJ by the House of Lords earlier this year in the case of the “Front Comor” concerning the use of anti-suit injunctions by the English Courts

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