Article 28: ‘requires an assessment of the degree of connection, and then a value judgment as to the expediency of hearing the two actions together (assuming they could be so heard) in order to avoid the risk of inconsistent judgments. It does not say that any possibility of inconsistent judgments means that they are inevitably related. It seems to us that the Article leaves it open to a court to acknowledge a connection, or a risk of inconsistent judgments, but to say that the connection is not sufficiently close, or the risk is not sufficiently great, to make the actions related for the purposes of the Article. Mechanics do not, for once, provide a complete answer.’
Judges:
Mummery, Jacob LJJ, Mann J
Citations:
[2008] EWCA Civ 153, [2008] FSR 20, [2008] Bus LR D141
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Television Autonomica Valenciana, Sa v Imagina Contenidos Audiovisuales, Sl ChD 8-Feb-2013
The defendant sought a stay of these proceedings pending the outcome of related proceedings in Spain. The claimant sought a declaration that a contract was terminated and damages for such breach. The Spanish proceedings were first in time.
Lists of cited by and citing cases may be incomplete.
Costs, Intellectual Property, European
Updated: 13 July 2022; Ref: scu.266102
