- Jurisdiction challenge to a claim to recover an informal debt (Winslet and others v The Estate of Andreas Gisel)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The Commercial Court has rejected a jurisdictional challenge to a debt claim brought against the personal representatives of the estate of an individual who borrowed significant sums, interest free, from the claimants. The agreement was governed by English law and, under English law, the proper place for the performance of the loan agreement was England and Wales. The judgment offers a useful analysis on the determination of governing law and jurisdiction under Article 4 of Regulation (EC) 593/2008, Rome I and Article 7 of Regulation (EU) 1215/2012, Brussels I (recast) in the context of informal, interest-free loans between friends. Written by Phillip Patterson, barrister, Hardwicke.
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