Samsung Electronics Co Ltd & Ors v LG Display Co Ltd & Anor [2023] EWHC 203 (Comm) (03 February 2023)

Samsung Electronics Co Ltd & Ors v LG Display Co Ltd & Anor [2023] EWHC 203 (Comm) (03 February 2023)

It would be manifestly unfair and an abuse of process to permit the Claimants to re-litigate the issue of forum conveniens in materially identical contribution claims between the same parties, where the issue has already been determined by the High Court and upheld by the Court of Appeal. Even if considered on the merits, England is not clearly the appropriate forum given the strong connections to South Korea and the likelihood of parallel proceedings there.

Citation
[2023] EWHC 203 (Comm)
Parties
Claimants: Samsung Electronics Co. Limited and others; Defendants: LG Display Co. Ltd and another
Jurisdiction
England and Wales
Judgment Date
03 February 2023
Procedural Posture
Jurisdictional Challenge in Contribution Claim (commercial Court) / Judgment on Application to Set Aside Permission to Serve Out of Jurisdiction
Outcome
Defendants' jurisdictional challenge allowed; permission to serve out of jurisdiction set aside.
Legal Topics
Abuse of Process, Issue Estoppel, Forum Conveniens, Contribution Claims, Follow on Damages, Jurisdictional Challenge
Competition Law Civil Procedure Private International Law Abuse of Process Issue Estoppel Forum Conveniens Contribution Claims Follow on Damages +1 more

Case Brief

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Parties

Samsung Electronics Co. Limited and others

Claimants

LG Display Co. Ltd and another

Defendants

Procedural Posture

Jurisdictional Challenge in Contribution Claim (commercial Court) / Judgment on Application to Set Aside Permission to Serve Out of Jurisdiction

Legal Issues

  1. 1 Whether it is an abuse of process to re-litigate the issue of forum conveniens between the same parties in materially identical contribution claims
  2. 2 Whether England is clearly the appropriate forum for the contribution claim under the Civil Liability (Contribution) Act 1978

Ratio Decidendi

It would be manifestly unfair and an abuse of process to permit the Claimants to re-litigate the issue of forum conveniens in materially identical contribution claims between the same parties, where the issue has already been determined by the High Court and upheld by the Court of Appeal. Even if considered on the merits, England is not clearly the appropriate forum given the strong connections to South Korea and the likelihood of parallel proceedings there.

Court Disposition

Defendants' jurisdictional challenge allowed; permission to serve out of jurisdiction set aside.

Orders

  • Set aside the ex parte order granting permission to serve proceedings out of the jurisdiction on the Defendants.