The claimant had been employed as a solicitor by the respondent at locations across Europe, and came to claim in England that they had wrongly implicated him in unlawful activity. The company sought to issue proceedings in Spain.
Held: The Brussels Convention was based upon trust and respect between contracting states. The Convention did not allow one state to restrain another from hearing a claim save in the limited circumstances set out in the Convention, and even though such proceedings might be though to be in bad faith. No matter how much bad faith was displayed by a party to litigation in beginning proceedings in a Contracting State it must always be for that Contracting State to assume or decline jurisdiction. That is because a Jurisdiction and Judgment Convention creates a closed system in which it is assumed that every Contracting State will come to a similar decision about jurisdiction: ‘the rules on jurisdiction that [the Brussels Convention] lays down . . are common to all courts of the Contracting States [and must] be interpreted and applied with the same authority by each of them.’
Europa Brussels Convention – Proceedings brought in a Contracting State – Proceedings brought in another Contracting State by the defendant in the existing proceedings – Defendant acting in bad faith in order to frustrate the existing proceedings – Compatibility with the Brussels Convention of the grant of an injunction preventing the defendant from continuing the action in another Member State
Judges:
V Skouris, P
Citations:
Times 29-Apr-2004, C-159/02, [2004] EUECJ C-159/02, [2004] ECR I – 3565, [2005] 1 AC 101, [2005] ICR 23, [2004] 3 WLR 1193, [2004] ECR I-3565, [2004] All ER (EC) 485
Links:
Statutes:
Citing:
Reference from – Turner v Grovit and others HL 13-Dec-2001
The applicant was a solicitor employed by a company in Belgium. He later resigned claiming unfair dismissal, saying he had been pressed to become involved in unlawful activities. The defendants sought to challenge the jurisdiction of the English . .
Cited – Overseas Union Insurance Ltd and others v New Hampshire Insurance Company ECJ 27-Jun-1991
ECJ Article 21 of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters must be interpreted as meaning that the rules applicable to lis alibi pendens . .
Cited by:
Referred to – Turner v Grovit and others HL 13-Dec-2001
The applicant was a solicitor employed by a company in Belgium. He later resigned claiming unfair dismissal, saying he had been pressed to become involved in unlawful activities. The defendants sought to challenge the jurisdiction of the English . .
Cited – OT Africa Line Ltd v Magic Sportswear Corporation and others CA 13-Jun-2005
The parties to a contract had agreed that the proper law for the contract was England. One party commenced proceedings in Canada, and the courts of Canada had accepted jurisdiction as the most appropriate and convenient forum to resolve the dispute. . .
Cited – Nussberger and Another v Phillips and Another (No 4) CA 19-May-2006
A claim was issued in London in December 2004, and then served in part in Switzerland in January 2005. One copy was removed from the bundle by a Swiss official, seeing that it had been marked ‘Nor for service out of the jurisdiction.’ That marking . .
Cited – West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and others (The Front Comor) HL 21-Feb-2007
A ship had foundered, and the owners disputed their insurance claim. The policy provided for arbitration in London, and one party sought an order to prevent the other commencing proceedings in another EU state in breach of the arbitration agreement. . .
Cited – Sheffield United Football Club Ltd v West Ham United Football Club Plc ComC 26-Nov-2008
The claimant sought an order to prevent the defendant company from pursuing further an appeal against a decision made by an independent arbitator in their favour as regards the conduct of the defendant in the Premier League in 2006/2007.
Held: . .
Cited – Allianz Spa (Anciennement Riunione Adriatica Di Sicurta) v West Tankers Inc (‘the Front Comor’) ECJ 10-Feb-2009
ECJ (Judgment) A West Tankers ship damaged a jetty in Syracuse. An agreement provided for an arbitration in London. The insurers having paid out brought a subrogated action in Italy. West Tankers sought an order . .
Cited – Starlight Shipping Co v Allianz Marine and Aviation Versicherungs Ag and Others CA 20-Dec-2012
The Alexander T, owned by the appellant and insured by the respondents was a total loss. The insurers resisted payment, the appellant came to allege improperly, and the parties had settled the claim on full payment under a Tomlin Order. The owners . .
Lists of cited by and citing cases may be incomplete.
European, Jurisdiction
Updated: 10 June 2022; Ref: scu.196581