Whether the concept of consent for GDPR purposes has a subjective aspect, both on the side of the data controller and the data subject
RTM v Bonne Terre Ltd & Anor [2026] EWCA Civ 488
www.bailii.org/ew/cases/EWC...

CoA confirming rejection of anti-suit application in case with flimsy EN links
EN-law governed FCA with ADR clause providing for arbitration in Austria is no foundation for ASI viz RUS mortgage execution proceeding

FH HM v UniCredit [2026] EWCA Civ 468 www.bailii.org/ew/cases/EWC...

CJEU as I predicted does not follow its AG on merits review in the Article 8(1) Brussels Ia anchor defendant test

Joined Cases C‑672/23 and C‑673/23 Prysmian, held this morning.

infocuria.curia.europa.eu/tabs/documen...

More later. For my review of the AG Opinion see

CJEU as I predicted does not follow its AG on merits review in the Article 8(1) Brussels Ia anchor defendant test

Joined Cases C‑672/23 and C‑673/23 Prysmian, held this morning.

infocuria.curia.europa.eu/tabs/documen...

More later. For my review of the AG Opinion see gavclaw.com/2025/04/09/a...

Elon Musk is officially free to roam in Texas Delaware ruling draws a line under Tesla’s corporate domicile in the Lone Star State

An interesting Financial Times snippet in this morning's edition www.ft.com/content/87ac....

I flag the conflict of laws, jurisdictional issues here gavclaw.com/2026/04/15/t...

A boiler room fraud leads to an interesting judgment viz (not) using CJEU Brussels Ia authority for application of residual private international law. I fear this post is fairly anorak, meant for the die hard conflicts nerd. In X v Y ECLI:NL:RBMNE:2026:1482 (the usual anonymisation nonsense), essentially a claim by a Dutch consumer against a set …

A boiler room fraud leads to an interesting judgment viz (not) using CJEU Brussels Ia authority for application of residual private international law.

My review of a relevant Dutch first instance judgment here ⬇️

gavclaw.com/2026/04/14/a...

Russian central bank sues EU for indefinite freeze of its assets - main legal arguments
eur-lex.europa.eu/legal-conten...

Justice Steyn, on appeal (rejected), rehearsing the 'good arguable case' test (Per UKSC Brownlie) in challenge to decision which held that defendant does not have domicile in the jurisdiction

Baig v Hassan [2026] EWHC 11 (KB)

www.bailii.org/ew/cases/EWH...

You may remember my January rant on AI and coursework [although I suspect it was the accompanying photo of our rough collies which made that post travel; so I have added one here, too :-) ]. Dawid… |... You may remember my January rant on AI and coursework [although I suspect it was the accompanying photo of our rough collies which made that post travel; so I have added one here, too :-) ]. Dawid Ma...

Flag and discussion of German judgments on AI and disciplinary proceedings against students www.linkedin.com/posts/geert-...

Dutch courts convincingly tackle X and GROK in calling a halt (mostly in The Netherlands) to AI generated sexual abuse. Stichting Offlimits v X.AI llc,. X Corp, X Internet Unlimited Company ECLI:NL:RBAMS:2026:310, in which the courts at Rotterdam issued an injunction yesterday, echoes some of the themes of SEOK v Ha…

Blogged.

Dutch courts convincingly tackle X and GROK in calling a halt (mostly in The Netherlands) to AI generated sexual abuse.

gavclaw.com/2026/03/27/d...

Advanced conflict of laws claxon (and paging my current students for I am entertaining them this week with Rome I, including 'putative law'. Whether an arbitration agreement is validly incor... Advanced conflict of laws claxon (and paging my current students for I am entertaining them this week with Rome I, including 'putative law'. Whether an arbitration agreement is validly incorporated ...

Whether arbitration agreement is validly incorporated by reference to GTCs. Existence and extent of any effective incorporation, using the law putatively applicable per A10 Rome I

Maxamcorp v Eurotel [2026] EWHC 666 (Comm)
bailii.org/ew/cases/EWH...
Details ⬇️

and permission to appeal refused : www.bailii.org/ew/cases/EWH...

Employment law and arbitrability.
Impact of foreign law and Rome I.

Clyde & Co LLP v Jalan [2026] EWHC 403 (Comm)
www.bailii.org/ew/cases/EWH...

More detail here www.linkedin.com/in/geert-van...

Combined appeals (each largely rejected) in cases relating to the legal consequences where individual who is not in law a child's (biological) father is nevertheless registered as such in child's birth register
J, Re [2026] EWCA Civ 344
www.bailii.org/ew/cases/EWC...

Voidance actions under the EU Insolvency Regulation
CJEU holds Article 16's insulation mechanism does not extend to actions related to the relative ranking of claims in the collectivity
C‑43/25 SML Maschinengesellschaft mbH v AK
infocuria.curia.europa.eu/tabs/documen...

The Tournai first instance court in Hugues Falys v TOTAL. A convinced if not totally convincing jurisdictional finding in climate claims, and a lack of engagement with applicable law, with the court e... If you do use the blog for research or database purposes, citation would be appreciated, to the blog as a whole and /or to specific blog posts. Many have suggested I should turn the blog into a pai…

Blogged.
Hugues Falys v TOTAL. A convinced if not totally convincing jurisdictional finding in climate claims, and a lack of engagement with applicable law, with the court eventually staying its case until the Paris courts have ruled.
gavclaw.com/2026/03/19/t...

Halpern J: "yet another cautionary tale about the financial consequences of neighbour disputes for those without deep pockets"

McGowan v Potter [2026] EWHC 595 (Ch)
www.bailii.org/ew/cases/EWH...

Municipio de Mariana v BHP. An add-on re municipalities’ capacity to sue under lex incorporationis as it were. [If you do use the blog for research, practice submission or database purposes, citation would be appreciated, to the blog as a whole and /or to specific blog posts. Many have suggested I should tu…

Access to justice, interference with E&W proceedings
BHP v Municipio de Mariana ea [2026] EWCA Civ 294 See gavclaw.com/2025/12/23/m...
Instances of criminal contempt related to ASI and AASI abroad must be restricted to a very narrow category, not applicable to the case at issue.

This guy is a muppet. Leo XIV is one of the sanest voices on AI just as Pope Francis was on ecology.

‘Mr AI’ Peter Thiel lectures about antichrist in Rome Closed-door events set to challenge beliefs of American Pope Leo, who has warned about risks of artificial intelligence

giftarticle.ft.com/giftarticle/... ‘Mr AI’ Peter Thiel lectures about antichrist in Rome

What a muppet.
Leo XIV is one of the sanest voices on AI just as Pope Francis was on ecology.

|‘Mr AI’ Peter Thiel lectures about antichrist in Rome

Sherpa v Yves Rocher. An important supply chain due diligence finding post Omnibus, with relevant Rome II lois de police findings seeking support in CS3D. | Geert Van Calster Landmark supply chain due diligence judgment in Paris. Yves Rocher have been found to have failed in their duty of vigilance viz employees of Turkish subsidiaries. In my blogpost, linked below (whic...

Now reviewed here
www.linkedin.com/posts/geert-...

Sherpa v Yves Rocher. An important supply chain due diligence finding post Omnibus, with relevant Rome II lois de police findings seeking support in CS3D. | Geert Van Calster Landmark supply chain due diligence judgment in Paris. Yves Rocher have been found to have failed in their duty of vigilance viz employees of Turkish subsidiaries. In my blogpost, linked below (whic...

Blogged.
Sherpa v Yves Rocher. An important supply chain due diligence finding post Omnibus, with relevant Rome II lois de police findings seeking support in CS3D.
www.linkedin.com/posts/geert-...

Press release Tribunal judiciaire Paris 12 mars 2026 | Geert Van Calster ! Applicable law, Rome II claxon From the press release (I am chasing the judgment), it seems the court applied Article 16 Rome II, qualifying the French duty of care law as lois de police (with expre...

French court applies A16 Rome II 'lois de police' to dislodge Turkish law as the lex causae in favour of French supply chain due diligence law. Refers to CS3D in support.
More once I have copy of judgment.
www.linkedin.com/posts/geert-...

Another example of dowers, Iranian law, Rome I and pre-Rome I residual Dutch law

Appeal Amsterdam (after Supreme Court annulment of earlier decisions)
ECLI:NL:GHAMS:2026:537 deeplink.rechtspraak.nl/uitspraak?id...

Compare gavclaw.com/2025/06/16/c...

Anchor jurisdiction A8(1) BIa
Group DF Oil & Gas v West Group Oil
deeplink.rechtspraak.nl/uitspraak?id...
Dutch trustee defendants cannot be used as anchors because their liability is dead duck viz applicable Ukrainian law
Court imo should have stayed pending Prismilian gavclaw.com/2025/04/09/a...

Yukos saga
Enforcement of arbitration awards by panel seated in The Netherlands

Ordre public arguments under NY Convention largely fail

Note closing paras by Justice Bright
Hulley Enterprises ea v [Russia] [2026] EWHC 456 (Comm)

www.bailii.org/ew/cases/EWH...

Another good example of poorly drafted ADR clause, which ends up having to be interpreted in light of commonsense commercial practice

Ropa v Kharis Solutions Ltd [2026] EWHC 259 (Comm) bailii.org/ew/cases/EWH...

Brexit, assimilated /retained EU law claxon
Application of "creditors' voluntary winding up with confirmation by the court" in Annex of the EIR 2015
Statutory construction
Application to Guernsey-incorporated company

Esken Ltd, Re [2026] EWHC 495 (Ch)
www.bailii.org/ew/cases/EWH...

Application fails dismiss injunction viz duty of fair presentation; failure to supplement evidence on foreign law
Trial will include whether A4 Rome II will lead to SP or DE law (location of the servers)

Infinni Innovations v OFMS [2026] EWHC 470 (Comm)
www.bailii.org/ew/cases/EWH...