Source: All England Reporter
Publisher Citation: [2010] All ER (D) 232 (May)
Neutral Citation: [2010] EWHC 1160 (Comm)
Court: Queen's Bench Division, Commercial Court
Judge:

Burton J

Representation Mark Templeman QC and Emily Wood (instructed by Davis and Co) for the claimants.
  Barry Isaacs and Stephen Robins (instructed by Pinsent Mason LLP) for the defendant.
Judgment Dates: 21 May 2010

Catchwords

Conflict of laws - Jurisdiction - Challenge to jurisdiction - Defendants bringing proceedings in Germany in response to claimant issuing proceedings in United States - Claimants bringing action in United Kingdom - Defendants seeking stay of UK proceedings on grounds that proceedings related to German proceedings and German court first seized of matter - Whether German court t first seized of matte - Whether actions being related - Whether UK proceedings should be stayed - Council Regulation (EC) 44/2001, art 28.

The Case

Conflict of laws Jurisdiction. The Commercial Court held, relying on case law relating to amendment of pleadings, that subsequent new additional claims to a German action, after the issue of an action in the United Kingdom, did not render the German court the court first seized of the matter for the purposes of art 28 of Council Regulation (EC) 44-2001 (on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters).

Practice Areas

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