Katsouris Brothers Ltd v Haitoglou Bros SA [2011] EWHC 111 (QB) (31 January 2011)

Katsouris Brothers Ltd v Haitoglou Bros SA [2011] EWHC 111 (QB) (31 January 2011)

The English Court refused to extend time for service of Particulars of Claim in the Queen's Bench action due to persistent delay, intentional failure to comply, lack of good explanation, and prejudice to the defendant. The Part 20 Claim in the KFF action was stayed under Article 27 of the Judgments Regulation because the Greek Court was first seised of proceedings involving the same cause of action and parties.

Citation
[2011] EWHC 111 (QB)
Parties
Claimant/respondent: Katsouris Brothers Limited; Defendant/applicant: Haitoglou Bros S. A.; Claimant: Katsouris Fresh Foods Limited; Claimant: Bakkavor Foods Limited
Jurisdiction
England and Wales
Judgment Date
31 January 2011
Procedural Posture
Commercial Court Proceedings and Queen's Bench Action / Ruling on Applications Regarding Jurisdiction, Extension of Time, and Stay of Proceedings
Outcome
Queen's Bench action struck out; Part 20 Claim in KFF action stayed
Legal Topics
Jurisdiction, Forum Non Conveniens, Contribution Claims, Product Liability, Abuse of Process, Extension of Time, Stay of Proceedings
Civil Procedure Private International Law Commercial Law Jurisdiction Forum Non Conveniens Contribution Claims Product Liability Abuse of Process +2 more

Case Brief

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Parties

Katsouris Brothers Limited

Claimant/respondent

Haitoglou Bros S. A.

Defendant/applicant

Katsouris Fresh Foods Limited

Claimant

Bakkavor Foods Limited

Claimant

Procedural Posture

Commercial Court Proceedings and Queen's Bench Action / Ruling on Applications Regarding Jurisdiction, Extension of Time, and Stay of Proceedings

Legal Issues

  1. 1 Whether the English Court has jurisdiction over claims in tort and contribution against a Greek defendant under Council Regulation (EC) 44/2001
  2. 2 Whether the Queen's Bench action should be struck out for failure to serve Particulars of Claim
  3. 3 Whether the Part 20 Claim in the KFF action should be stayed under Article 27 of the Judgments Regulation

Ratio Decidendi

The English Court refused to extend time for service of Particulars of Claim in the Queen's Bench action due to persistent delay, intentional failure to comply, lack of good explanation, and prejudice to the defendant. The Part 20 Claim in the KFF action was stayed under Article 27 of the Judgments Regulation because the Greek Court was first seised of proceedings involving the same cause of action and parties.

Court Disposition

Queen's Bench action struck out; Part 20 Claim in KFF action stayed

Orders

  • KBL's application to extend time for service of Particulars of Claim in Queen's Bench action dismissed
  • Queen's Bench action struck out