High Court success assisting the European Commission

Jul 2nd, 2019

James Henson, Partner

On 13th February 2019 Mr Justice Murray delivered his Judgement in the matter of Tomanovic & Others v The European Union, The Council of the European Union, The High Representative of the Union for Foreign Affairs and Security Policy and The European Union Rule of Law Mission in Kosovo (Eulex).

The matter concerned an application by the EU, the Council and the High Representative to set aside the service of a claim form and procure a declaration that the English High Court did not have jurisdiction to hear a claim brought by 8 individuals whose families were tortured, killed or made to disappear during the course of the war in Kosovo in the summer of 1999.

Langleys Dispute Resolution assisted the European Commission and Nicholas Khan QC of the European Legal Service, in representing the European Union, the European Council and the High Representative of the Union for Foreign Affairs and Security Policy in successfully procuring the relief sought and a dismissal of the claim. The hearing lasted for 2 days in November 2018 in the Royal Courts of Justice.

The Claimants sought to appeal to the Court of Appeal and in the first instance attempted to ‘leapfrog’ the matter to the Supreme Court, but were refused permission to appeal by the Rt. Hon. Lord Justice Males.

Download a copy of the Judgement here.

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James Henson


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