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Wales Ltd enters an appearance and raises the defence of “force majeure.” Does its appearance confer jurisdiction to the courts of Athens?
(5) Black Horse Traders Ltd obtained a judgement against Wales Ltd in Portugal and enforced the judgment in England. The judgment was, however, rendered in default of appearance of Wales Ltd. Advise Wales Ltd.
1. In addition to determining the competent court hearing lawsuit, we have to know which, if any, international jurisdiction entitlements shall apply. Based on the facts of the case the Brussels I Regulation is certainly applicable. The reason being that The Brussels I Regulation concerns commercial matters 1(contract of sales of goods) and also contains an International element since the case concerns purchase and transport within different states of the United Kingdom, Greece, Italy and Portugal, and all states are member states in Brussels I Regulation2. The United Kingdom is where Wales, Ltd. is registered as well as Black Horse Traders, Ltd. Wales. Ltd lists Greece as their principal place of business and Italy is where their central administration office is located and finally Portugal is where the goods had been delivered3.
Under Article 2.1 “Subject to this Regulation, persons domiciled in a Member State shall, whatever their nationality, be sued in the courts of that Member State.”4 This article relates to the particular the individual person and infers that any person can sue if the defendant may be domiciled in a member state in Brussels I Regulation. This was clear in Grupo Torras SA and Torras SA and Torras Hostench London Ltd5. However, in Article 60.1 “for the purposes of this Regulation, a company or other legal person or association of natural or legal persons is domiciled at the place where it has its:
And further, 60.2 “ for the purposes of the United Kingdom and Ireland ‘statutory seat’ means the registered office or, where there is no
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Mrs. Janet Dawkins was involved in an accident while she was travelling in international waters, in a P & O cruise ship owned and operated by the defendant. The appellant slipped and fell on the cruise ship while walking through the Conservatory restaurant located in the ship.
Trademarks and service marks are words, names, symbols, or devices used by manufacturers of goods and providers of services to identify their goods and services, and to distinguish their goods and services from goods manufactured and sold by others (Radcliffe and Brinson, n.d.).
Secondly, the study seeks to find out whether legal origin and shareholder protection are associated in any way, and whether countries with the common law origin show signs of robust development of the stock market, compared with countries that mainly apply civil law.
I conducted further research on the Incorporated Council of law reporting for England and Wales only to find that it has been in existence since 1865 and prove to be an authority on both law and its accurate reporting. The fact that the Council operated as a charity served to further convince me of its dedication to accurate reporting and its commitment to do with no consideration for financial gain.
(Melone and Kames, 63) The proscribed form for lodging these disputes was by way of a writ which set out specific claims and remedies. (Melone and Kames, 63)
The Royal courts were divided into three common law courts. They were the
Secondly, all citizens, regardless of rank and file, are equally accountable to the laws, as administered in the courts. Thirdly, constitutional laws do not provide the source of the rule of law but is the consequences of the
w” has an evolving history starting from the local traditions of the Anglo-Saxons times in the fifth century and culminating in the modern approaches where continental laws are gaining importance. The main sources of English Law are as follows:
In 1215, the King Council’s
This makes life enjoyable and meaningful since there is no hatred or discrimination to human beings due to their beliefs and faith.
In the case of the warden jail and the Latin Kings gang members, there arises two issues; the freedom to practice