Sat11182017

Last updateTue, 24 Feb 2015 5pm

FORUM: Let’s take this fight elsewhere

07 June 2013  

Dan Smith discusses when proceedings can be stayed because of earlier proceedings elsewhere in the EU

The English Court of Appeal has considered the application of Articles 27 and 28 of Brussels Regulation 44/2001 (the Judgments Regulation) in an insurance dispute involving multiple proceedings – first in the English, then Greek, then English Courts. The Court of Appeal stayed the second English proceedings under Article 27 (where the same cause of action between the same parties has commenced in another member state) on the grounds that the Greek courts were first seised of the relevant cause of action, even though the stay was sought only on appeal. Although the point was moot, the Court of Appeal also decided it could not have granted a stay under Article 28 (where there are related actions) because the jurisdiction could only be exercised by courts other than those first seised of a related action, and here the court first seised was the English court itself in the first English proceedings.

 

Additional Info

  • Case(s) Referenced:

    Starlight Shipping Co v Allianz Marine & Aviation Versicherungs AG & ors [2012] EWHC Civ 1714

    The Tatry [1999] QB 515