The applicants, shareholders in the company, sought to stay an action in England, saying the action had first been commenced in Switzerland.
Held: The issue was one of the internal management of the company. Though it did not relate to a matter of the constitution of the company it did relate to a shareholders agreement which concerned one of the main organs of the company. The company was registered in the UK, and the action should be heard here. The stay was refused.
Judges:
The Hon Mr Justice Neuberger Lord Justice Aldous Lord Justice Carnwath
Citations:
[2004] EWCA Civ 1512, Times 18-Nov-2004
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Speed Investments Ltd and Another v Formula One Holdings Limited and Others (No 2) ChD 20-Jul-2004
The defendants sought a stay of the action, arguing that proceedings had begun first in Switzerland.
Held: An English court became seised of an action for the purposes of the Convention at the time when the proceedings were served. Under the . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction, Company
Updated: 27 June 2022; Ref: scu.219648