Court of Appeal considers asymmetrical jurisdictional clauses (Hipgnosis v Manilow)
Dispute Resolution analysis: This case provides an analysis of asymmetrical jurisdiction clauses in the context of a dispute arising from the sale of the back catalogue of Mr Barry Manilow. It serves as a reminder that the jurisdiction of the English Courts is determined at the date of issue of proceedings. The concept that the English court had jurisdiction when the proceedings were issued, but that was ‘floating’ and was lost in favour of California when the option to sue there was exercised, was heretical and contrary to authority. Written by Georgia Whiting, in-house legal counsel, at Ardmore Group Ltd.