06.02.2012

Charles Samek QC and Charlotte Davies have obtained permission to appeal from the Court of Appeal (Lord Justice Aikens) in one of the leading cases on the application of the ‘bankruptcy exception’ in Art 1.2 of Council Regulation 44/2001 (the Judgments Regulation).

At first instance Mr Justice Beatson had rejected their submission that the satisfaction of the test depended on establishing both a factual and a juridical connection, holding that a factual connection sufficed.

However, Lord Justice Aikens in granting permission held that there is a real prospect of success in showing that the Judge was wrong. Charles and Charlotte were instructed by Withers LLP. 

The first instance decision is Polymer Vision R&D Ltd et al. v Van Dooren [2001] EWHC 2951 (Comm), [2011] 47 LS Gaz R 21, [2011] All ER (D) 170.(Nov)