This piece is an update about yesterday’s judgment on the cross-border jurisdiction points at issue in the claim we outlined previously on the blog on 21 January 2020. One key question was stayed – that being jurisdiction in non-contractual claims featuring joinder of the foreign insured to a direct claim against the foreign insurer – given that the point is already before the CJEU in a different case. Although the remaining live jurisdictional arguments went against us, there is much in the 24 page judgment that is worth closer review.
A BLM case heard in the High Court last week involves significant questions of jurisdiction under the recast Brussels I Regulation (reg 1215/2012), certain of which had been aired in the recent cases of Lackey* and Cole*, which will be familiar to those involved in cross-border litigation. The novel question in the current case – probably of greatest interest to insurers – was whether a territorial scope clause in the policy between insurer and insured had the practical effect of barring the third party claimant from accessing the favourable jurisdiction options set out in section 3 of the regulation.