||All England Reporter
|| All ER (D) 322 (Nov)
|| EWHC 2643 (Comm)
||Queen's Bench Division (Commercial Court)
Andrew Smith J
||Philip Shepherd QC (instructed by Howe and Keats) for the claimant.
||Peter Irvin (instructed by Constant and Constant) for the defendant.
||24 November 2005
Conflict of laws - Jurisdiction - Court - First seised - English court not first seised of action - Court first seised giving judgment - Whether court second seised should decline jurisdiction after judgment given by court first seised - Council Regulation (EC) 44/2001, art 27.
Article 27 of the Brussels Regulation applied when there were concurrent proceedings at the time that the court which was not first seised made its determination. If the court first seised had given judgment, the second court should not decline jurisdiction under art27.
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