King v Tune & Ors

King v Tune & Ors

The claimant has a good arguable case for title to sue as sole beneficiary and shareholder; the pleadings as amended disclose a cause of action in joint tortfeasance; however, the claim is sufficiently connected to the Contract of Mandate containing an arbitration clause, and must be stayed in favour of arbitration.

Parties
Claimant: Carolyn Jane King; 1st Defendant: Malcolm Eliott Tune; 8th Defendant: Bryan Jeeves; 9th Defendant: Alexander Jeeves
Jurisdiction
England and Wales
Judgment Date
26 June 2004
Procedural Posture
Commercial Court Application / Application to Set Aside Service Out of Jurisdiction and for Stay Under Arbitration Act
Outcome
Stay of proceedings granted in favour of arbitration.
Legal Topics
Fraud, Deceit, Joint Tortfeasorship, Jurisdiction, Arbitration Stay
Commercial Law Tort Law Arbitration Fraud Deceit Joint Tortfeasorship Jurisdiction Arbitration Stay

Case Brief

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Parties

Carolyn Jane King

Claimant

Malcolm Eliott Tune

1st Defendant

Bryan Jeeves

8th Defendant

Alexander Jeeves

9th Defendant

Procedural Posture

Commercial Court Application / Application to Set Aside Service Out of Jurisdiction and for Stay Under Arbitration Act

Legal Issues

  1. 1 Whether the claimant has title to sue for losses allegedly suffered as a result of fraud
  2. 2 Whether the pleadings disclose a cause of action against the 8th and 9th defendants as joint tortfeasors
  3. 3 Whether the proceedings should be stayed in favour of arbitration under section 9 of the Arbitration Act 1996

Ratio Decidendi

The claimant has a good arguable case for title to sue as sole beneficiary and shareholder; the pleadings as amended disclose a cause of action in joint tortfeasance; however, the claim is sufficiently connected to the Contract of Mandate containing an arbitration clause, and must be stayed in favour of arbitration.

Court Disposition

Stay of proceedings granted in favour of arbitration.

Orders

  • Proceedings against the 8th and 9th defendants are stayed under section 9 of the Arbitration Act 1996.