Source: All England Reporter
Publisher Citation: [2012] All ER (D) 167 (Oct)
Neutral Citation: [2012] EWCA Civ 1341
Court: Court of Appeal, Civil Division

Lord Justice Longmore, Lord Justice Rimer and Lord Justice Tomlinson

Representation Roger ter Haar QC (instructed by Browne Jacobson LLP) for O.
  Peter MacDonald Eggers QC (instructed by Norton Rose LLP) for the reinsurers.
Judgment Dates: 17 October 2012


Practice - Stay of proceedings - Concurrent proceedings in England and abroad - Appellant, O, insurer of vessel lost in Philippines - Owners of cargo bringing claims against O in Philippines - Respondent reinsurers seeking declarations releasing them from liability to indemnify O - O being refused stay pending outcome of proceedings in Philippines - Whether judge erring in refusing stay.

The Case

Practice Stay of proceedings. The Court of Appeal, Civil Division, dismissed an appeal against a decision to refuse a case management stay, in circumstances where the appellant insurers were also the subject of claims in the Philippines. It found that the judge had not exercised his discretion on a wrong basis or taken irrelevant (or failed to take relevant) considerations into account.

Practice Areas

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