The siskina case

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August undefined, 2024

WebAfter waiting outside the entrance for four weeks the Siskina sailed for Cyprus and discharged her cargo at Limassol. The shipowners claimed a lien over it for freight. This claim is currently the subject of litigation in the Supreme Court of Cyprus. 2 The Siskina was insured at Lloyds. WebOct 4, 2024 · The Eastern Caribbean Court of Appeal had overturned Black Swan in 2024, in reliance on the The Siskina, finding that absent a substantive cause of action issued in the …

(Jurisdiction; Attachment of Insurance Proceeds of Foreign

WebMar 23, 2010 · By contrast, in Norwich Pharmacal type of cases, the Cyprus Courts have not shown the same reluctance to utilise the powers of section 32 as the basis of interim relief as, on the one hand, the Siskina reasoning dealing with freezing injunctions did not expressly extend to this type of disclosure orders and, in parallel, there was already ... WebOct 14, 2024 · The shades of The Siskina have haunted this area of the law for far too long and they should now finally be laid to rest. The decision inBroad Ideacontains a useful summary of the jurisdiction to... refurbished barber chairs for sale

Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd and Others …

WebMay 12, 2016 · Leggatt J explained that the relevant dictum from The Siskina was merely obiter, but that it had been followed in binding authorities since and was binding now, but gave reasons for also... Webcase arising out of claims of consigners against the shipowners of "The Siskina"1 contain variegated assessments of the judicial functions and deserve notice, if not for any, for that reason alone. The Siskina was owned by a Panamanian company, insured with a London underwriter for US 5750,000 and managed by Greeks from Piraeus. In 1976, she WebJan 16, 2009 · Mareva Relief Cannot Stand Alone: Further Judicial Reflections upon the Siskina Doctrine - Volume 55 Issue 1. ... Your email address will be used in order to notify you when your comment has been reviewed by the moderator and in case the author(s) of the article or the moderator need to contact you directly. refurbished baratza sette 30

Back on the right course: Privy Council rules on The Siskina

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WebThe court rejected the defendants’ argument, founded on The Siskina, that the court was precluded from granting an interlocutory injunction because it was not sought in aid of a claim for substantive relief which the court had jurisdiction to grant. WebThe Siskina was an extreme case, because neither the parties nor the dispute had any conceivable connection with England. Nevertheless, public inter-national law principles of … refurbished barn doorsWebFeb 14, 2024 · The EC Court of Appeal acknowledged that this might be seen as undesirable in modern day international commerce, but considered it necessary on the authority of The Siskina in the absence of legislation (such as in England) conferring a … refurbished barcode scanners

"WebOct 4, 2024 · To answer both questions, Convoy sought to persuade the Privy Council that the decision of the House of Lords in Siskina (Owners of cargo lately laden on board) v Distos Cia Naviera SA [1979] AC 210 (the Siskina) was wrongly decided, and that the majority decision in Mercedes Benz v. Leiduck [1996] AC 284 was also wrong (Mercedes). " - The siskina case

The siskina case

Black Swan Flies And The Siskina Lists: Privy Council Upholds BVI ...

WebMar 23, 2024 · Siskina (owners of Cargo lately on Board) v Distos Compania Naviera SA: HL 1979. An injunction was sought against a Panamanian ship-owning company to restrain it … WebThe Siskina was an extreme case, because neither the parties nor the dispute had any conceivable connection with England. Nevertheless, public inter-national law principles of jurisdiction do not require such a connection for pro-tective measures,10 and many countries do grant such measures in aid of foreign

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WebMar 26, 2010 · It was previously thought, by reason of the English House of Lords case of The Siskina [1979] AC 210, that the Court could not grant a freezing injunction unless the … WebMay 17, 2012 · The case brought about a piece of legislation called Sheena’s Law (House Bill 1073), which would allow tenants to break a lease if they were the victim of certain …

WebJul 10, 2024 · The Board departed from authorities, including The Siskina, which limited freezing injunctions to cases where the cause of action for substantive relief had arisen. … WebOct 8, 2024 · A court with equitable and / or statutory jurisdiction to grant injunctions where it is just and convenient to do so has power - and it accords with principle and good practice - to grant a freezing injunction against a party (the respondent) over whom the court has personal jurisdiction provided that 6:

WebOct 4, 2024 · Lord Leggatt held that “the shades of The Siskina have haunted this area of the law for far too long and they should now finally be laid to rest”. He also noted that it was … WebApr 28, 2024 · The main thrust of Lord Leggatt's majority judgment, and the seemingly radical conclusion that it reached, is therefore entirely obiter. Though it still provides …

WebApr 10, 2024 · A central part of the appeal was a direct challenge to the longstanding House of Lords authority commonly known as The Siskina, which has been the leading authority on injunctions for the past 44 years. ... points demonstrates the intellect and rigour applied by the Harneys litigation team to this historically important case.” ...

WebDec 21, 2024 · The leading judgment in this area of law, the shipping case The Siskina [1], was decided at a time when freezing injunctions were in their infancy.In 1970s London, the ability to recover money from a shipowner or charterer was dependent on finding and freezing assets against which a judgment could be enforced. refurbished barns made into homesWebOct 5, 2024 · The Siskina. In The Siskina, the House of Lords held that English courts have no power to grant freezing orders (Mareva injunctions, at the time) unless it is ancillary to … refurbished barn lumber localWebOct 6, 2024 · The shades of The Siskina have haunted this area of the law for far too long and they should now finally be laid to rest." Per Lord Leggatt at paragraph 120. ... In each case the question is whether there is a sufficient likelihood that a judgment enforceable through the process of the BVI court will be obtained, and a sufficient risk that ... refurbished barn homes for saleWebJun 4, 2024 · The Russian Tennis Federation told Russian state news agency TASS that it is awaiting documents on the case of the Russian tennis player’s arrest. “This is a long … refurbished bathtubsWebMay 19, 2024 · As to the Siskina case: ‘the doctrine of The Siskina, put at its highest, is that the right to an interlocutory injunction cannot exist in isolation, but is always incidental to and dependent on the enforcement of a substantive right, which usually although not invariably takes the shape of a cause of action’. refurbished barnett crossbows for saleWebIt will be interesting to see the effect in Jersey - Jersey has had free-standing freezers since 1994 - but the Royal Court also later expressly declined to… refurbished battle beaver controllersWebOct 22, 2024 · The majority judgment was given by Lord Leggatt, who also ruled that “there is no principle or practice which prevents an injunction from being granted in appropriate circumstances against an entirely innocent party even when no substantive proceedings against anyone are taking place elsewhere”. refurbished barn wood furniture