Source: All England Reporter
Publisher Citation: [2002] All ER (D) 460 (Jul)
Court: Commercial Court

Richard Siberry QC sitting as a deputy judge of the High Court

Representation Dominic Kendrick QC and Andrew Thomas (instructed by Ross & Co) for the claimants.
  Helen Davies (instructed by Mayer Brown Rowe & Maw) for the first defendant.
  Mark Cran QC and Michael Rollason (instructed by Mayer Brown Rowe & Maw) for the second and third defendants.
Judgment Dates: 30 July 2002


Conflict of laws - Jurisdiction - Challenge to jurisdiction - English claimants issuing proceedings against Finnish and English defendants in respect of industrial action taken against claimants' vessels in Finland - Defendants relying on jurisdiction clause in settlement agreement - Claimant alleging agreement entered into under duress - Whether English court having jurisdiction - , arts 6(1), 17, 21.

The Case

The court ruled in favour of the claimants in respect of applications by Finnish defendants to strike out or stay English proceedings in favour of the Finnish courts, under arts17 and 21 of the Brussels Convention, and on the ground of abuse of process arising out of the fact that the claimant had issued two sets of proceedings against the same defendant.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.