Archive for the 'stay of proceedings' Category

Bilta (UK) Ltd (in liquidation) v Nazir and others – WLR Daily

Bilta (UK) Ltd (in liquidation) v Nazir and others [2010] EWHC 1086 (Ch); [2010] WLR (D) 129

“An application for a stay of legal proceedings made under s 9 of the Arbitration Act 1996 was not subject to the procedural rules contained in CPR Pt 11 for challenging the jurisdiction of the court. An application for an extension of time to serve the defence was not a step in the proceedings to answer the substantive claim and the defendant was not debarred from seeking a stay by s 9(3) of the Act.”

WLR Daily, 19th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Libel court ‘is not the right place for faith disputes’ – The Independent

“One of Britain’s most senior judges said yesterday that libel courts must not become places where religious and doctrinal differences are hammered out.”

Full story

The Independent, 18th May 2010

Source: www.independent.co.uk

Catalyst Investment Group Ltd v Lewinsohn and others; Catalyst Investment Group Ltd and another v Lewinsohn and another; ARM Asset-Backed Securities SA v Lewinsohn and another – WLR Daily

Catalyst Investment Group Ltd v Lewinsohn and others; Catalyst Investment Group Ltd and another v Lewinsohn and another; ARM Asset-Backed Securities SA v Lewinsohn and another [2009] EWHC 1964 (Ch); [2009] WLR (D) 281

“Where corresponding proceedings were in existence between the same parties in another jurisdiction, the court had no power to grant a stay, in favour of the courts of a non-EU country, of proceedings of which the court was properly seised under art 2 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.”

WLR Daily, 6th August 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Youell and Others v La Reunion Aerienne – Times Law Reports

Youell and Others v La Reunion Aerienne

Court of Appeal

“The mere fact that a claim was the subject of an arbitration agreement did not deprive a court, which could otherwise determine the substance of the claim, of its jurisdiction under Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the Brussels I Convention.”

The Times, 27th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Youell v La Reunion Aerienne – WLR Daily

Youell v La Reunion Aerienne [2009] EWCA Civ 175; [2009] WLR (D) 95

Where a court could otherwise determine the substance of a claim, the mere fact that the claim was the subject of an arbitration agreement did not deprive the court of its jurisdiction under Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. What was critical was the nature of the claim.”

WLR Daily, 12th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

 

City of London v Sancheti – Times Law Reports

City of London v Sancheti

Court of Appeal

“A stay of an arbitration could be obtained only against a party to that arbitration agreement or a person claiming through such a party; a legal or commercial connection was not sufficient.”

The Times, 1st December 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Mayor and Commonalty and Citizens of the City of London v Sancheti – WLR Daily

Mayor and Commonalty and Citizens of the City of London v Sancheti [2008] EWCA Civ 1283; [2008] WLR (D) 364

“A stay under s 9 of the Arbitration Act 1996 could only be obtained against a party to an arbitration agreement or a person claiming through or under such a party and a mere legal or commercial connection was not sufficient.”

WLR Daily, 24th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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