Banca Intesa Sanpaolo SPA & Anor v Commune Di Venezia

Banca Intesa Sanpaolo SPA & Anor v Commune Di Venezia

The disputed paragraphs in the Particulars of Claim did not introduce a new cause of action or go beyond the scope of the Claim Form, and their inclusion was not an abuse of process. There were no exceptionally strong grounds to justify a stay of proceedings, especially given the exclusive jurisdiction clauses and the established jurisdiction of the English court.

Parties
Claimant/respondent: Banca Intesa Sanpaolo SPA; Claimant/respondent: Dexia Credip SPA; Defendant/applicant: Commune di Venezia
Jurisdiction
England and Wales
Judgment Date
09 November 2020
Procedural Posture
Commercial / Ruling on Application to Strike Out And/or Stay Proceedings
Outcome
Application to strike out and for a stay refused; costs to be assessed on the standard basis.
Legal Topics
Abuse of Process, Jurisdiction, Case Management Stay, Declaratory Relief, Exclusive Jurisdiction Clauses
Civil Procedure Commercial Law Conflict of Laws Abuse of Process Jurisdiction Case Management Stay Declaratory Relief Exclusive Jurisdiction Clauses

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Parties

Banca Intesa Sanpaolo SPA

Claimant/respondent

Dexia Credip SPA

Claimant/respondent

Commune di Venezia

Defendant/applicant

Procedural Posture

Commercial / Ruling on Application to Strike Out And/or Stay Proceedings

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 on case management grounds under section 49(3) of the Senior Courts Act 1981

Ratio Decidendi

The disputed paragraphs in the Particulars of Claim did not introduce a new cause of action or go beyond the scope of the Claim Form, and their inclusion was not an abuse of process. There were no exceptionally strong grounds to justify a stay of proceedings, especially given the exclusive jurisdiction clauses and the established jurisdiction of the English court.

Court Disposition

Application to strike out and for a stay refused; costs to be assessed on the standard basis.

Orders

  • Application to strike out disputed paragraphs refused.
  • Application for a stay of proceedings refused.