England and Wales Case Law

Nexedge Markets Limited v Trex Global Limited

Summary judgment is granted because the defendant has no real prospect of defending the claim for repayment of US$1.5 million advanced under loan agreements governed by English law, and foreign insolvency proceedings in Mauritius do not bar the English court from proceeding. Potential defences and counterclaims are not pleaded or substantiated.

Source excerpt

• Loan agreements
• Summary judgment
• Foreign insolvency proceedings
• Conflict of laws
• Costs assessment

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KU v BI

KU v BI [2025] EWFC 296 (B) (05 September 2025)

The Family Court held that a Nigerian customary marriage by proxy was valid on the facts, recognised it in England and Wales, and allowed the divorce petition.

• Recognition of foreign marriage
• Customary marriage
• Nullity of marriage
• Divorce
• Conflict of laws
• Recognition-of-foreign-marriage

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Commercial Bank of Dubai PSC & Ors v Abdalla Juma Majid Al Sari & Ors

The court held that the claims relating to the Globe Sharjah Proceedings are barred by judicial proceedings immunity (JPI) as a matter of English law, following the approach in Erhard-Jensen Ontological v Rogerson and related authorities, and that the necessary or proper party gateway does not permit service out of the jurisdiction for a Chabra WWFO where there is no live issue to be tried with the anchor defendant. However, the claims relating to the Globe DIFC and BVI Proceedings, the Possession Proceedings, and the Tenancy Agreement are not summarily barred by JPI or limitation, and there…

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• Jurisdiction and service out of the jurisdiction
• Worldwide freezing orders (wwfo)
• Issue estoppel and res judicata
• Judicial proceedings immunity (jpi)
• Deceit
• Malicious falsehood

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Dexia SA v Regione Emilia Romagna

The High Court held Dexia’s 2004 interest rate swap with Emilia Romagna was valid, enforceable and properly authorised, and granted declaratory and indemnity relief.

• Derivatives
• Jurisdiction
• Capacity of public authorities
• Conflict of laws
• Declaratory relief
• Isda

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Dexia SA v Regione Emilia Romagna

Dexia SA v Regione Emilia Romagna [2024] EWHC 3236 (Comm) (13 December 2024)

The High Court granted Dexia declaratory relief over a 2004 interest rate swap with Regione Emilia Romagna, rejecting challenges based on Italian law, capacity, and authority.

• Derivative transactions
• Capacity of public authorities
• Jurisdiction clauses
• Conflict of laws
• Declaratory relief
• Derivative-transactions

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Deutsche Bank AG London & Anor v Provincia di Brescia

Deutsche Bank AG London & Anor v Provincia di Brescia [2024] EWHC 2967 (Ch) (20 November 2024)

The High Court granted declaratory relief finding the Brescia swaps valid and binding under English law, and the Italian-law settlement agreements also valid and effective.

• Interest rate swaps
• Derivatives
• Declaratory relief
• Jurisdiction
• Capacity and authority of public bodies
• Settlement agreements

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Deutsche Bank AG London & Anor v Provincia Di Brescia

The High Court held that Brescia’s swaps and settlement agreements were valid and enforceable, rejecting Italian-law challenges and granting declaratory relief.

• Derivatives
• Interest rate swaps
• Jurisdiction
• Capacity of foreign entities
• Settlement agreements
• Conflict of laws

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Ebury Partners Belgium NV/SA v Grossiste Francochine SARL

The existence of French consumer protection law, which may override the exclusive jurisdiction clause in French courts, does not constitute a strong reason under English law to refuse an anti-suit injunction. The parties freely chose English law and jurisdiction, and English courts will enforce that bargain unless compelling reasons are shown. The respondent’s status as a 'non-professional' under French law does not outweigh the English law principle of upholding exclusive jurisdiction agreements in international commercial contracts.

Source excerpt

• Anti-suit injunctions
• Exclusive jurisdiction clauses
• Conflict of laws
• Rome i regulation
• Consumer protection (foreign law)

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Amirra Harrington v Secretary of State for Work and Pensions

The appellant is entitled to the care component of disability living allowance under UK law because, as an economically inactive insured person resident in the UK, Article 11(3)(e) of Regulation 883/2004 makes UK legislation applicable. Article 21 does not displace this or give priority to Belgian law. There is no basis for concurrent entitlement or for Belgian law to take priority in this context.

Source excerpt

• Disability benefits
• Conflict of laws
• Eu regulation 883/2004
• Child rights
• Derivative rights
• Priority of legislation

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Jane Nicholls & Anor v Mapfre Espana Cia de Seguros y Reaseguros SA

Court of Appeal held that Spanish penalty interest under Act 50/1980 is substantive under Rome II and recoverable in England; subrogated medical costs claim also succeeded.

• Rome ii regulation
• Interest on damages
• Subrogation
• Conflict of laws
• Assessment of damages
• Rome-ii

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