WMS Gaming Inc v B Plus Giocolegale Ltd [2011] EWHC 2620 (Comm) (13 October 2011)

WMS Gaming Inc v B Plus Giocolegale Ltd [2011] EWHC 2620 (Comm) (13 October 2011)

The English and Italian proceedings do not involve the same parties or the same cause of action; the Italian court is not seised of the relevant claims against WMS Inc; there is no appreciable risk of irreconcilable judgments; and the discretionary factors under Article 28 do not justify a stay or declinature of...

Source-derived case information.

Citation
[2011] EWHC 2620 (Comm)
Parties
Claimant: WMS Gaming Inc; Defendant/part 11 Applicant: B Plus Giocolegale Limited
Jurisdiction
England and Wales
Judgment Date
13 October 2011
Procedural Posture
Commercial Court Proceedings (jurisdiction Challenge) / Interlocutory Application for Stay/declining Jurisdiction Under Articles 27 and 28 of Brussels Regulation
Outcome
Applications of B Plus refused; English proceedings to continue.
Legal Topics
Jurisdiction, Lis Pendens, Related Actions, Brussels Regulation, Stay of Proceedings, Declaratory Relief
Private International Law Civil Procedure Commercial Law Jurisdiction Lis Pendens Related Actions Brussels Regulation Stay of Proceedings +1 more

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Parties

WMS Gaming Inc

Claimant

B Plus Giocolegale Limited

Defendant/part 11 Applicant

Procedural Posture

Commercial Court Proceedings (jurisdiction Challenge) / Interlocutory Application for Stay/declining Jurisdiction Under Articles 27 and 28 of Brussels Regulation

Legal Issues

  1. 1 Whether the English court must stay or decline jurisdiction under Articles 27 or 28 of the Brussels Regulation due to parallel Italian proceedings
  2. 2 Whether the Italian and English proceedings involve the same cause of action and same parties
  3. 3 Whether the actions are 'related' under Article 28 and whether a stay is discretionary

Ratio Decidendi

The English and Italian proceedings do not involve the same parties or the same cause of action; the Italian court is not seised of the relevant claims against WMS Inc; there is no appreciable risk of irreconcilable judgments; and the discretionary factors under Article 28 do not justify a stay or declinature of jurisdiction.

Court Disposition

Applications of B Plus refused; English proceedings to continue.

Orders

  • Application to stay or decline jurisdiction under Articles 27 and 28 of the Brussels Regulation refused.
  • Case to proceed to trial in Michaelmas term 2012.