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 Lugano Convention the court vested with jurisdiction where that jurisdiction arose under art 16, that could make its own decision as to jurisdiction.
Judges:
Lewison J
Citations:
Times 13-Aug-2004
Statutes:
Civil Jurisdiction and Judgments Act 1991, Lugano Convention
Jurisdiction:
England and Wales
Citing:
Cited – Dresser UK v Falcongate Freight Management Ltd; The Duke of Yare CA 1992
In England the court was first seised of a matter at the point when the proceedings were served, not when they were issued. Article 21 was metaphorically described as a ‘tie-break rule’ which operates on the basis of strict chronological . .
Cited – Erich Gasser GmbH v MISAT Srl ECJ 9-Dec-2003
The claimant Austrian company had for many years sold goods to the defendant an Italian company. Eventually it presented a claim before the court in Italy. Having obtained judgement, it later sought to enforce the order through the Austrian court . .
Cited – Grupo Torras Sa and Another v Sheikh Fahad Mohammed Al Sabah and Others CA 26-May-1995
A UK court may continue to hear a Spanish company’s claim against it’s own directors if a court was first seized of the matter here. Where a case concerned matters as to the constitution of a company, the courts of the company in which the company . .
See Also – Speed Investments Ltd and Another v Formula One Holdings Limited and Others ChD 19-Jul-2004
An application for summary judgment should not be heard at the same time as a challenge to the jurisdiction of the court. That was the price that a plaintiff paid in asking a court to bring a foreign defendant before a court in England – that . .
Cited by:
See Also – Speed Investments Ltd and Another v Formula One Holdings Limited and Others ChD 19-Jul-2004
An application for summary judgment should not be heard at the same time as a challenge to the jurisdiction of the court. That was the price that a plaintiff paid in asking a court to bring a foreign defendant before a court in England – that . .
Appeal from – Speed Investments Limited, Slec Holdings LImited v Formula One Holdings Limited, Bambino Holdings Limited, Luc Argand, Emmanuele Argand-Rey CA 12-Nov-2004
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 . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction
Updated: 09 December 2022; Ref: scu.200217