Masri v Consolidated Contractors International Co Sal & Ors [2011] EWHC 1780 (Comm) (13 July 2011)

Masri v Consolidated Contractors International Co Sal & Ors [2011] EWHC 1780 (Comm) (13 July 2011)

Article 27 does not apply because the Greek Action and the English Conspiracy Action do not involve the same cause of action or object: the Greek Action seeks to make individuals liable for company debts under Greek law, while the English Action seeks damages for conspiracy and unlawful interference. Article 28...

Source-derived case information.

Citation
[2011] EWHC 1780 (Comm)
Parties
Claimant: Munib Masri; First Defendant: Consolidated Contractors International Company SAL; Second Defendant: Consolidated Contractors (Oil and Gas) Company SAL; Third Defendant: Said Tawfic Khoury; Fourth Defendant: Tawfic Said Khoury; Fifth Defendant: Samer Said Khoury; Sixth Defendant: Wael Said Khoury; Seventh Defendant: Consolidated Contractors Group SAL (Holding Company)
Jurisdiction
England and Wales
Judgment Date
13 July 2011
Procedural Posture
Commercial Court Interlocutory Application / Jurisdictional Challenge and Application to Stay or Dismiss Proceedings Under Articles 27 And/or 28 of the Judgments Regulation
Outcome
Applications to stay or dismiss the English Conspiracy Action under Articles 27 and/or 28 of the Judgments Regulation are dismissed.
Legal Topics
Jurisdiction, Lis Pendens, Stay of Proceedings, Conspiracy, Enforcement of Judgments, Conflict of Laws
Private International Law Civil Procedure Commercial Law Jurisdiction Lis Pendens Stay of Proceedings Conspiracy Enforcement of Judgments +1 more

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Parties

Munib Masri

Claimant

Consolidated Contractors International Company SAL

First Defendant

Consolidated Contractors (Oil and Gas) Company SAL

Second Defendant

Said Tawfic Khoury

Third Defendant

Tawfic Said Khoury

Fourth Defendant

Samer Said Khoury

Fifth Defendant

Wael Said Khoury

Sixth Defendant

Consolidated Contractors Group SAL (Holding Company)

Seventh Defendant

Procedural Posture

Commercial Court Interlocutory Application / Jurisdictional Challenge and Application to Stay or Dismiss Proceedings Under Articles 27 And/or 28 of the Judgments Regulation

Legal Issues

  1. 1 Whether the English Commercial Court should stay or decline jurisdiction over the Conspiracy Action in favour of pending proceedings in Greece under Articles 27 and/or 28 of the Judgments Regulation (Council Regulation (EC) No 44/2001)
  2. 2 Whether the Greek and English proceedings involve the same cause of action and same parties for the purposes of Article 27
  3. 3 Whether the actions are 'related' for the purposes of Article 28 and whether a discretionary stay or dismissal should be granted

Ratio Decidendi

Article 27 does not apply because the Greek Action and the English Conspiracy Action do not involve the same cause of action or object: the Greek Action seeks to make individuals liable for company debts under Greek law, while the English Action seeks damages for conspiracy and unlawful interference. Article 28 applies as the actions are related, but the court exercises its discretion not to stay or dismiss the English proceedings, considering the 'Englishness' of the underlying judgment, the risk of irreconcilable judgments is not sufficient to outweigh the interests of justice, and the English court is best placed to deal with enforcement-related issues.

Court Disposition

Applications to stay or dismiss the English Conspiracy Action under Articles 27 and/or 28 of the Judgments Regulation are dismissed.

Orders

  • The applications by the Defendants to stay or dismiss the Conspiracy Action are refused.
  • The Conspiracy Action may proceed in the English Commercial Court.