Kolden Holdings Ltd v Rodette Commerce Ltd & Anor [2007] EWHC 1597 (Comm) (04 July 2007)

Kolden Holdings Ltd v Rodette Commerce Ltd & Anor [2007] EWHC 1597 (Comm) (04 July 2007)

Kolden Holdings Limited, as legal assignee, is to be regarded as 'the same party' as the assignor companies for the purposes of Article 27 of Council Regulation (EC) No. 44/2001 because their interests in the subject matter of the dispute are identical and indissociable. The English court was first seised of the contract cause of action, and therefore the application to stay the English proceedings under Article 27 or Article 28 must be dismissed.

Citation
[2007] EWHC 1597 (Comm)
Parties
Claimant/respondent: Kolden Holdings Limited; Defendant/applicant: Rodette Commerce Limited; Defendant/applicant: Taplow Ventures Limited
Jurisdiction
England and Wales
Judgment Date
04 July 2007
Procedural Posture
Commercial Court Application to Stay Proceedings / Application for Stay of Proceedings Under Article 27 And/or Article 28 of Council Regulation (ec) No. 44/2001
Outcome
Application to stay proceedings dismissed
Legal Topics
Jurisdiction, Lis Pendens, Assignment of Contractual Rights, Stay of Proceedings, Interpretation of Council Regulation (ec) No. 44/2001
Civil Procedure Private International Law Commercial Law Jurisdiction Lis Pendens Assignment of Contractual Rights Stay of Proceedings Interpretation of Council Regulation (ec) No. 44/2001

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Parties

Kolden Holdings Limited

Claimant/respondent

Rodette Commerce Limited

Defendant/applicant

Taplow Ventures Limited

Defendant/applicant

Procedural Posture

Commercial Court Application to Stay Proceedings / Application for Stay of Proceedings Under Article 27 And/or Article 28 of Council Regulation (ec) No. 44/2001

Legal Issues

  1. 1 Whether the English court should stay proceedings under Article 27 or Article 28 of Council Regulation (EC) No. 44/2001 due to parallel proceedings in Cyprus
  2. 2 Whether Kolden Holdings Limited is 'the same party' as the assignor companies for the purposes of Article 27
  3. 3 Whether the English court was 'first seised' of the contract cause of action

Ratio Decidendi

Kolden Holdings Limited, as legal assignee, is to be regarded as 'the same party' as the assignor companies for the purposes of Article 27 of Council Regulation (EC) No. 44/2001 because their interests in the subject matter of the dispute are identical and indissociable. The English court was first seised of the contract cause of action, and therefore the application to stay the English proceedings under Article 27 or Article 28 must be dismissed.

Court Disposition

Application to stay proceedings dismissed

Orders

  • Application by Rodette and Taplow for a stay of the English proceedings under Article 27 and/or Article 28 of Council Regulation (EC) No. 44/2001 is dismissed.