In a dispute between an Italian company and British one, each sought to have the case heard in its own country. The British company asserted that the case begun in Italy had been begun after at best misrepresentation by the other company, and sought an injunction preventing its being heard in Italy. The UK court … Continue reading Molins Plc v G D Spa: ChD 24 Feb 2000
In a case where the national court which would deal with a matter was the court first seised of the matter, a stay could only be awarded where the proceedings until the proceedings were definitively pending in that court. Documents could be served by fax only if the party being served had explicitly consented to … Continue reading Molins Plc v G D Spa: CA 29 Mar 2000
A party had been wrongly added in breach of limitation under Hague Convention. There should have been no relation back. Hobhouse J considered the effect of the 1980 Act: ‘But it is clear that Ord. 20, r. 5 must now be read with the [1980] Act and is implicitly (but inelegantly) giving effect to the … Continue reading Payabi and Another v Armstel Shipping Corporation and Another: QBD 1 Apr 1992