Source: All England Reporter
Publisher Citation: [2016] All ER (D) 84 (Dec)
Neutral Citation: [2016] EWCA Civ 1261
Court: Court of Appeal, Civil Division

Moore-Bick VP, Tomlinson LJ and Arnold J

Representation Mark Hapgood QC and Alan Roxburgh (instructed by Trowers & Hamlins LLP) for ENPAM.
  Sonia Tolaney QC and Adam Sher (instructed by Freshfields Bruckhaus Deringer LLP) for Barclays.
Judgment Dates: 8 December 2016


Conflict of laws - Jurisdiction - Challenge to jurisdiction - Parties making agreement concerning funding of assets for securities - Agreement between parties containing English jurisdiction clause - Defendant commencing proceedings against claimant in Milan - Claimant commencing proceedings in London - Court declining to stay English proceedings and making declaration claimant in breach of jurisdiction clause - Defendant appealing - Whether court in Milan being seised of action at appropriate time to affect proceedings - Whether court bound to stay proceedings in England - Whether judge erring in not exercising discretion to stay English proceedings.

The Case

Conflict of laws Jurisdiction. The Court of Appeal, Civil Division, dismissed the defendant's appeal against an order giving summary judgment to the claimant. The court had not erred in making a declaration that the claims made by the defendant in proceedings in Milan fell within the scope of agreements between the parties that the English courts were to have jurisdiction to determine their dispute.

Practice Areas

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