ING Bank N.V. v Tecnimont S.P.A. [2024] EWHC 1084 (Comm).
In a judgment handed down this morning, Mrs Justice Cockerill has given important guidance on the effect and scope of a submission to the jurisdiction by a defendant in proceedings.
The Court determined that, provided that the defendant is a “willing participant”, there is no relevant distinction to be drawn between a defendant and a claimant for the purposes of submission. In such a case the defendant renders itself amenable to such claims as the Corut considers ought to be heard against it simultaneously with the existing claims.
James Weale (with Camilla Bingham KC) acted for the successful respondent (instructed by Kelwin Nicholls, Christina Schuetz and Charles Joseph of Clifford Chance LLP).