BANQUE CANTONALE DE GENÈVE v POLEVENT LIMITED

BANQUE CANTONALE DE GENÈVE v POLEVENT LIMITED

The claim for restitution based on unjust enrichment is governed by English law under Article 10(3) of Rome II Regulation, as the unjust enrichment took place in England and there was no pre-existing relationship between the parties.

Parties
Claimant: Banque Cantonale de Genève; Defendant: Polevent Limited; Defendant: Victor Azria; Defendant: Enoi SpA
Jurisdiction
England and Wales
Judgment Date
10 July 2015
Procedural Posture
Commercial Court Preliminary Issue / Determination of Governing Law for Restitution Claim
Outcome
Preliminary issue determined: English law governs the claim for restitution based on unjust enrichment.
Legal Topics
Rome II Regulation, Unjust Enrichment, Choice of Law
Conflict of Laws Restitution Rome II Regulation Unjust Enrichment Choice of Law

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Parties

Banque Cantonale de Genève

Claimant

Polevent Limited

Defendant

Victor Azria

Defendant

Enoi SpA

Defendant

Procedural Posture

Commercial Court Preliminary Issue / Determination of Governing Law for Restitution Claim

Legal Issues

  1. 1 What law governs a claim for restitution based on unjust enrichment under Rome II Regulation?

Ratio Decidendi

The claim for restitution based on unjust enrichment is governed by English law under Article 10(3) of Rome II Regulation, as the unjust enrichment took place in England and there was no pre-existing relationship between the parties.

Court Disposition

Preliminary issue determined: English law governs the claim for restitution based on unjust enrichment.

Orders

  • The claim for restitution is governed by English law.