Application of Article 33 of the Brussels Recast Regulation (which applies to the proceedings, as they were commenced before 1 January 2021) in circumstances where the defendant is domiciled in England and the parties agreed to the non-exclusive jurisdiction of the Courts of England and Wales. The defendant, as it was entitled to do without breaching that agreement, commenced proceedings on the same cause of action before the Superior Court of New Jersey in the United States, which was the court first seised.
The claimant then commenced proceedings in the London Circuit Commercial Court. The defendant issued an application under CPR Part 11 to stay those proceedings or for the English Court to decline jurisdiction pending the final determination of the New Jersey proceedings. That application was heard by Stephen Houseman QC sitting as a Deputy High Court judge and, by his Order dated 21 December 2020, he dismissed the application. That is the Order under appeal.
Sir Julian Flaux C
[2021] EWCA Civ 981
Bailii, Judiciary
England and Wales
Updated: 16 August 2021; Ref: scu.663570
