Source: All England Reporter
Publisher Citation: [2005] All ER (D) 322 (Nov)
Neutral Citation: [2005] EWHC 2643 (Comm)
Court: Queen's Bench Division (Commercial Court)

Andrew Smith J

Representation Philip Shepherd QC (instructed by Howe and Keats) for the claimant.
  Peter Irvin (instructed by Constant and Constant) for the defendant.
Judgment Dates: 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.

The Case

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.

Practice Areas

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