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 refused to issue the injunction. It had the power to do so, but the parties must rely upon the Italian courts to discover the truth, and was asserted fell short of abuse of process.
Citations:
Times 01-Mar-2000, Gazette 24-Feb-2000
Statutes:
Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Comercial Matters 1965 Cmd 3986, Brussels Convention on Enforcement of Judgments in Civil and Commercial Matters 1968
Jurisdiction:
England and Wales
Citing:
See Also – Molins Plc v GD Spa PatC 2-Feb-2000
. .
Cited by:
Appeal from – Molins Plc v G D Spa CA 29-Mar-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 . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, International
Updated: 22 November 2022; Ref: scu.83798
