Source: All England Reporter
Publisher Citation: [2011] All ER (D) 170 (Nov)
Neutral Citation: [2011] EWHC 2951 (Comm)
Court: Queen's Bench Division, Commercial Court
Judge:

Mr Justice Beatson
Representation Charles Samek QC and Charlotte Davies (instructed by Withers LLP) for the claimants.
  Stephen Davies QC (instructed by Brown Rudnick LLP) for the defendant.
Judgment Dates: 17 November 2011

Catchwords

Conflict of laws - Jurisdiction - Challenge to jurisdiction - Defendant administrator of company under Dutch law having dispute with claimant companies regarding intra-group transfer - Claimant companies bringing misrepresentation proceedings in English court - Defendant seeking to stay English proceedings on basis that proceedings relating to bankruptcy - Whether proceedings should be stayed - Council Regulation (EC) 1346/2000 - Council Regulation (EC) 44/2001, art 1.2(b).

The Case

Conflict of laws Jurisdiction. The Commercial Court allowed the defendant's application for an extension of time in which to challenge the jurisdiction of the English court on the basis of the insolvency exception in art 1.2(b) 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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