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Neste Chemicals SA and Others v DK Line Sa and Another (The Sargasso”): CA 4 Apr 1994″

References: Times 04-Apr-1994, [1994] 3 All ER 180
Coram: Steyn LJ, Peter Gibson LJ and Sir Tasker Watkins
An English Court becomes seised of a case on the service of the writ. Steyn LJ: ‘the general thrust of the Dresser UK Ltd case is not only binding on us but . . . is correct’. There were no ‘exceptions to the rule that date of service marks the time when the English court becomes definitively seised of proceedings’. The ECJ in the Zelger case had ’emphasise[d] the importance of certainty in national procedural laws’, and that ‘a ‘date of service’ rule would be readily comprehensible not only in England but also in other Contracting States.’
Statutes: Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters
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