The judgment setting out the reasons to refuse permission to BHP to appeal judgment in Municipio (for background see gavclaw.com/2025/12/23/m...) Município De Mariana v BHP Group (UK) Ltd & Anor [2026] EWHC 73 (TCC) www.bailii.org/ew/cases/EWH...

A bit of colonial history viz migration, nationality laws Child born in the UK of Northern Rodesian, later Zambia parents Whether Uk citisenship was lost upon Zambian independence Sinkala v [HMG] [2026] EWHC 59 (KB) www.bailii.org/ew/cases/EWH...

Successful 'modern' (why do we call it modern slavery nb; what is modern about it?) slavery claim against London-based UAE diplomat Claim was undefended COL v The United Arab Emirates [2026] EWHC 86 (KB) www.bailii.org/ew/cases/EWH...

Kompetenz Kompetenz Whether arbitral tribunal has jurisdiction over dispute re noncontractual tortious claims governed by foreign laws in courts of that state, by assigned /subrogated party Derived obligations doctrine MS V1 GmbH v SY [2026] EWHC 52 (Comm) www.bailii.org/ew/cases/EWH...

Costs law claxon Appeal dismissed: judge was right to stay application for third party costs order until after conclusion of proceedings for the detailed assessment of Nigeria's (very high) costs Nigeria v VR Global Partners [2026] EWCA Civ 25 www.bailii.org/ew/cases/EWC...

Rare now: 'acquired' EU law Directive 77/187 Transfer of undertakings, rights of employees, Definition of 'economic activity', whether CJEU reasoning in competition cases should be read across to cases about employees Bicknell v [NHS][2026] EWCA Civ 21 www.bailii.org/ew/cases/EWC...

Blogged. Limbu v Dyson – continued. The High Court emphasises relevance of early disclosure to guarantee proper access to justice, equality of arms in bizhuman rights cases. gavclaw.com/2026/01/26/l...

Important judgment on UK-EU TCA No direct effect CJEU holds TCA does not offer cause of action for individuals seeking to rely on its in national courts Post transition P&O cannot rely on free movement of services in EU courts C‑413/24 Vlaams Gewest v P&O www.linkedin.com/feed/update/...

Mine and ‪@grahambutler.bsky.social‬ comments on the CJEU's (continued) rebuke of Hungarian attempts to insulate its construction sector (EU Internal Market law claxon /C-144/24). Judgment and context impeccably summarised by Eunseo Hong, as per courthousenews.com/eu-judges-de...

Interesting Court of Appeal decision Whether "dispute" is necessary for matter to fall within A6 ECHR (& qualify for legal aid) Context: compensation under 'Windrush Compensation Scheme' Oji, R (OaO v The Director of Legal Aid Casework [2026] EWCA Civ 11 www.bailii.org/ew/cases/EWC...

Currently playing. My take on the world’s affairs.

Court of Appeal confirms that E&W courts have power under s.42 Arbitration Act 1996 to make an order enforcing a peremptory order of an arbitration tribunal granting anti-suit relief LLC Eurochem North-West-2 v Tecnimont SPA & Anor [2026] EWCA Civ 5 www.bailii.org/ew/cases/EWC...

Blogged. The CJEU in Wunner on Rome I’s lex societas carve-out and determination of locus damni for purely economic loss. (Malta Bill 55, gambling laws claxon). A boon for claim formulation. gavclaw.com/2026/01/16/t...

On today's judgment on access to environmental information - with comments from me, @gavclaw.bsky.social and Emily Barritt

Maltese gambling companies and EU law Judgment is out in Wunner infocuria.curia.europa.eu/tabs/affair?... Determination under Rome II of the applicable law in claims by disgruntled punters against Maltese betting companies Shall have a post soon, background here gavclaw.com/2025/06/19/e...

International Investment Agreements, ratione temporis, ratione materiae. Noteworthy French SC judgment. www.linkedin.com/posts/ioana-...

As news reaches us on the settlement in the Zubaydah claim theguardian.com/us-news/2026..., a reminder that the applicable law issue went all the way to the Supreme Court For detailed conflict of laws analysis, see gavclaw.com/2023/12/20/z...

Foul storm out there. Good weather for marking.

Gotta love winter.

A Blessed white Christmas to Christians celebrating today!

Successful s67 jurisdiction challenge to LCIA arbitration award With (unsuccessful) conflict of laws aside an authority (not: capacity) to mandate counsel A1 & Ors v P [2025] EWHC 3372 (Comm) www.bailii.org/ew/cases/EWH...

It has been a great Christmas break. Back to work in college now…..

Fair to say winter has now truly arrived. Have a lovely weekend all.

Good morning and Guten Rutsch!

Municipio de Mariana v BHP. An add-on re municipalities’ capacity to sue gavclaw.com/2025/12/23/m...

Beginning to…..

My keynote at BIICL earlier this week gavclaw.com/2025/12/19/m...

Opinion Richard de la Tour yday Jurisdiction in claims re protection of minority shareholders outvoted at delisting of the company Whether and when caught by A7(1) Brussels I a forum contractus, or A24 exclusive jurisdictional rules C‑791/24 TERVE v Intesa Sanpaolo curia.europa.eu/juris/docume...

Court of Justice yesterday gave priority to the effectiveness of EU consumer law, over the principle of res judicata /certainty in legal proceedings. C‑320/24 Soledil curia.europa.eu/juris/docume...

Blogged. Locatrans. The CJEU overpromotes the escape clause for employment contracts under Rome Convention /Rome I Regulation. gavclaw.com/2025/12/17/l...

Unsuccessful appeal to finding party had contractually given up right to enforce liabilities in the French courts Rare to see CA having to redo exercise of contractual interpretation LJs keep it short UNIK Bond v Catbalogan Holdings [2025] EWCA Civ 1594 www.bailii.org/ew/cases/EWC...

Unsuccessful Hague A13 a, b appeal viz return order to Romania Judge had dealt with ia recognition in Romania of protective measures & undertakings ordered by EN judge & impact of negotiations supervised by elders in the Roma community [2025] EWCA Civ 1603 www.bailii.org/ew/cases/EWC...

Slides for conflict of laws 101 updated….. giftarticle.ft.com/giftarticle/... Donald Trump files $10bn lawsuit against the BBC via @kjgarnett.bsky.social

Fun with conflict of laws (also: why the hate of Belgium?). giftarticle.ft.com/giftarticle/... Bitcoin investor plans Caribbean community — with its own court system

Applicable law, cross-border employment Rome Convention CJEU C‑485/24 Locatrans curia.europa.eu/juris/docume... Court does not seem to follow AG gavclaw.com/2025/09/09/l... CJEU zooms in difficulties of lex voluntatis, focuses on place of business through which employee was engaged More soonish

Applicable law, cross-border employment Rome Convention CJEU C‑485/24 Locatrans curia.europa.eu/juris/docume... does not seem to follow AG gavclaw.com/2025/09/09/l... CJEU zooms in difficulties of lex voluntatis, focuses on place of business through which employee was engaged More soonish

Blogged. Liechtensteinische Landesbank. The CJEU rules out application of Rome I's consumer title to contracts where the relevant conditions are met after contract formation. gavclaw.com/2025/12/09/l...

Failed application for anti-suit injunction in the context of the Fudao dam /Municipio proceedings BHP Group (UK) Ltd & Anor v PGMBM Law Ltd (t/a Pogust Goodhead) [2025] EWHC 3153 (TCC) www.bailii.org/ew/cases/EWH...

(Extensive) claims in Brasilian orange growers cartel held to be time-barred under Brasilian law (Background here gavclaw.com/2024/11/19/d...) Viegas & Anor v Cutrale & Anor [2025] EWHC 3158 (Comm) www.bailii.org/ew/cases/EWH...

Failed forum non conveniens defence following exercise of asymmetric choice of court Obiter held parties were contractually estopped from pleading forum non Investec Bank Plc v Protopapa & Anor [2025] EWHC 3202 (Comm) www.bailii.org/ew/cases/EWH...

Your trade, investment, public, private International law exam question right here.

Blogged. The CJEU does not follow its AG in 'Apple App store'. Stretches the statutory provisions of Brussels Ia to support collective action under the Dutch WAMCA. gavclaw.com/2025/12/03/t...

CJEU Judgment in Apple i-store Representative action Diverges from AG (see gavclaw.com/2025/05/01/s...) Holds Dutch WAMCA collective action can be concentrated ex post despite Dutch CPR not foreseeing this ex ante. More later Judgment so far FR and NL only curia.europa.eu/juris/docume...

EU trade/immigration law EU Member States and European Parliament agree on amendments to EU trade preferences for developing countries - including withdrawal of preferences in the event of insufficient readmission of migrants (in the EU's opinion) www.consilium.europa.eu/en/press/pre...

📣 NEWS! Last week a key paper defending #glyphosate, ghostwritten by #Monsanto (now #Bayer), is retracted after undermining safety decisions for 25 years! 👉 This should lead to the EU to reconsider glyphosate's permit on the EU market. 😡 But EC and Big Polluters team up to weaken safety rules

Domestic illegality (Ralli Bros principle) Confirmation of the approach in Litasco v Banque El Amana (see gavclaw.com/2025/05/25/l...) Beneathco DMCC v R.J. O'Brien Ltd [2025] EWHC 3079 (Comm) bailii.org/ew/cases/EWH...

Uitstekend overzicht.

Earlier successful s69 Arbitration Act point of law appeal to LMAA arbitration award, itself reversed on appeal Discusses ia res inter alios acta principle in the context of damages Skyros Maritime Corp v Hapag-Lloyd (Re 'SKYROS' & 'AGIOS MINAS') [2025] EWCA Civ 1529 www.bailii.org/ew/cases/EWC...

Investment law, Russia sanctions National Security & Investment Act 2021 NSIA Requirement of compensation viz forced sale re security interest (Russia sanctions) A1P1 rights Absence of Strasbourg authority L1T FM Holdings v [HMG] [2025] EWCA Civ 1528 www.bailii.org/ew/cases/EWC...