Starlight Shipping Co v Allianz Marine & Aviation Versicherungs AG & Ors [2012] EWCA Civ 1714 (20 December 2012)

Starlight Shipping Co v Allianz Marine & Aviation Versicherungs AG & Ors [2012] EWCA Civ 1714 (20 December 2012)

The Court of Appeal held that the causes of action asserted in the English proceedings (declarations of non-liability and enforcement of settlement agreements) and those in the Greek proceedings (claims in tort arising from the same factual matrix) were essentially the same for the purposes of Article 27. However, the Greek court was first seised of the relevant causes of action, as the English proceedings to enforce the settlement agreements were commenced after the Greek actions. Therefore, the English proceedings should be stayed under Article 27. The summary judgment and declaratory relief granted below were set aside to the extent inconsistent with this stay.

Citation
[2012] EWCA Civ 1714
Parties
Appellant/claimant: Starlight Shipping Company; Respondent/defendant: Allianz Marine & Aviation Versicherungs AG; Respondent/defendant: Royal & Sun Alliance Insurance; Respondent/defendant: Assicurazioni Generali SPA; Respondent/defendant: Rembrandt Insurance Co Ltd; Respondent/defendant: Brit UW Ltd (for Lloyd's Syndicate 2987); Respondent/defendant: Nicholas Burkinshaw (for Lloyd's Syndicate 2003); Respondent/defendant: Hiscox Dedicated Corporate Member Ltd (for Lloyd's Syndicate 0033); Respondent/defendant: Hill Dickinson LLP; Respondent/defendant: Hill Dickinson International; Respondent/defendant: Michael Francis Mallin; Respondent/defendant: Alexandra Julia Tytheridge; Respondent/defendant: Maria Moisidou; Respondent/defendant: Daniel McCarthy; Respondent/defendant: Dave Vale; Respondent/defendant: Mark Watters; Respondent/defendant: Simon Langridge; Respondent/defendant: William Graham Hensman; Respondent/defendant: Keith Richard Potter; Respondent/defendant: Stephen Bishop; Respondent/defendant: Richard Chown; Respondent/defendant: Simon Vincent Stonehouse; Respondent/defendant: Marion Susan Fraser; Respondent/defendant: Daniel Tony Dobisz; Respondent/defendant: Ian James Henstridge; Respondent/defendant: Brendan Allan Flood; Respondent/defendant: Charles Taylor Adjusting Limited; Respondent/defendant: Gordon Elliot; Third Party/appellant: Overseas Marine Enterprise Inc
Jurisdiction
England and Wales
Judgment Date
20 December 2012
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court (commercial Court)
Outcome
Appeal allowed in part; English proceedings stayed under Article 27; summary judgment and declaratory relief set aside to the extent inconsistent with the stay.
Legal Topics
Exclusive Jurisdiction Clauses, Settlement Agreements, Summary Judgment, Lis Pendens (pending Actions), Brussels Regulation (regulation 44/2001), Stay of Proceedings, Abuse of Process, Damages for Late Payment, Breach of Contract, Declaratory Relief
Civil Procedure Insurance Law Conflict of Laws European Union Law Exclusive Jurisdiction Clauses Settlement Agreements Summary Judgment Lis Pendens (pending Actions) +6 more

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Parties

Starlight Shipping Company

Appellant/claimant

Allianz Marine & Aviation Versicherungs AG

Respondent/defendant

Royal & Sun Alliance Insurance

Respondent/defendant

Assicurazioni Generali SPA

Respondent/defendant

Rembrandt Insurance Co Ltd

Respondent/defendant

Brit UW Ltd (for Lloyd's Syndicate 2987)

Respondent/defendant

Nicholas Burkinshaw (for Lloyd's Syndicate 2003)

Respondent/defendant

Hiscox Dedicated Corporate Member Ltd (for Lloyd's Syndicate 0033)

Respondent/defendant

Hill Dickinson LLP

Respondent/defendant

Hill Dickinson International

Respondent/defendant

Michael Francis Mallin

Respondent/defendant

Alexandra Julia Tytheridge

Respondent/defendant

Maria Moisidou

Respondent/defendant

Daniel McCarthy

Respondent/defendant

Dave Vale

Respondent/defendant

Mark Watters

Respondent/defendant

Simon Langridge

Respondent/defendant

William Graham Hensman

Respondent/defendant

Keith Richard Potter

Respondent/defendant

Stephen Bishop

Respondent/defendant

Richard Chown

Respondent/defendant

Simon Vincent Stonehouse

Respondent/defendant

Marion Susan Fraser

Respondent/defendant

Daniel Tony Dobisz

Respondent/defendant

Ian James Henstridge

Respondent/defendant

Brendan Allan Flood

Respondent/defendant

Charles Taylor Adjusting Limited

Respondent/defendant

Gordon Elliot

Respondent/defendant

Overseas Marine Enterprise Inc

Third Party/appellant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court (commercial Court)

Legal Issues

  1. 1 Whether English proceedings should be stayed under Articles 27 or 28 of Regulation 44/2001 due to related or identical proceedings in Greece
  2. 2 Whether the causes of action and parties in the English and Greek proceedings are the same for the purposes of Article 27
  3. 3 Whether the English court was first seised of the relevant causes of action

Ratio Decidendi

The Court of Appeal held that the causes of action asserted in the English proceedings (declarations of non-liability and enforcement of settlement agreements) and those in the Greek proceedings (claims in tort arising from the same factual matrix) were essentially the same for the purposes of Article 27. However, the Greek court was first seised of the relevant causes of action, as the English proceedings to enforce the settlement agreements were commenced after the Greek actions. Therefore, the English proceedings should be stayed under Article 27. The summary judgment and declaratory relief granted below were set aside to the extent inconsistent with this stay.

Court Disposition

Appeal allowed in part; English proceedings stayed under Article 27; summary judgment and declaratory relief set aside to the extent inconsistent with the stay.

Orders

  • Stay of English proceedings under Article 27 of Regulation 44/2001
  • Summary judgment and declaratory relief set aside where inconsistent with stay