Banca Intesa Sanpaolo SPA & Anor v Commune Di Venezia [2020] EWHC 3150 (Comm) (09 November 2020)

Banca Intesa Sanpaolo SPA & Anor v Commune Di Venezia [2020] EWHC 3150 (Comm) (09 November 2020)

The disputed paragraphs in the Particulars of Claim did not introduce a new cause of action or expand the claim beyond the Claim Form. The relief sought remained the same, and references to the Mandate Agreement, ISA, and Italian proceedings did not alter the essential factual basis. There was no abuse of process. No exceptional circumstances justified a stay, given the exclusive English jurisdiction and ongoing Italian jurisdiction challenge.

Citation
[2020] EWHC 3150 (Comm)
Parties
Claimant/respondent: Banca Intesa Sanpaolo SpA; Claimant/respondent: Dexia Crediop SpA; Defendant/applicant: Commune di Venezia
Jurisdiction
England and Wales
Judgment Date
09 November 2020
Procedural Posture
Commercial Court Application (strike Out and Stay) / Interlocutory Application for Strike Out And/or Stay
Outcome
Application dismissed
Legal Topics
Abuse of Process, Jurisdiction Clauses, Declaratory Relief, Case Management Stay, Interest Rate Swaps
Civil Procedure Banking and Finance Conflict of Laws Abuse of Process Jurisdiction Clauses Declaratory Relief Case Management Stay Interest Rate Swaps

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Parties

Banca Intesa Sanpaolo SpA

Claimant/respondent

Dexia Crediop SpA

Claimant/respondent

Commune di Venezia

Defendant/applicant

Procedural Posture

Commercial Court Application (strike Out and Stay) / Interlocutory Application for Strike Out And/or Stay

Legal Issues

  1. 1 Whether certain paragraphs of the Particulars of Claim should be struck out as an abuse of process under CPR 3.4(2)(b)
  2. 2 Whether the proceedings should be stayed under section 49(3) of the Senior Courts Act 1981 pending resolution of Italian proceedings

Ratio Decidendi

The disputed paragraphs in the Particulars of Claim did not introduce a new cause of action or expand the claim beyond the Claim Form. The relief sought remained the same, and references to the Mandate Agreement, ISA, and Italian proceedings did not alter the essential factual basis. There was no abuse of process. No exceptional circumstances justified a stay, given the exclusive English jurisdiction and ongoing Italian jurisdiction challenge.

Court Disposition

Application dismissed

Orders

  • Application to strike out paragraphs of the Particulars of Claim refused
  • Application for a stay of proceedings refused