Wan & Ors v UBS AG (London Branch) [2022] EWHC 1711 (Comm) (25 February 2022)

Wan & Ors v UBS AG (London Branch) [2022] EWHC 1711 (Comm) (25 February 2022)

Permission to appeal is granted on grounds 2 to 5 because the legal issues under Articles 5.3 and 5.5 of the Brussels Regulation are unclear, nuanced, and suitable for appellate clarification; costs are awarded at 85% of the total sought, payable within 14 days.

Citation
[2022] EWHC 1711 (Comm)
Parties
Claimant/respondent: Kwok Ho Wan; Claimant/respondent: Ace Decade Holdings Limited; Claimant/respondent: Dawn State Limited; Defendant/applicant: UBS AG (London Branch)
Jurisdiction
England and Wales
Judgment Date
25 February 2022
Procedural Posture
Commercial Court Application / Permission to Appeal Decision and Costs Order
Outcome
Permission to appeal granted on grounds 2 to 5; costs awarded at 85% of total sought, payable within 14 days.
Legal Topics
Jurisdiction, Article 5.3 Brussels Regulation, Article 5.5 Brussels Regulation, Permission to Appeal, Costs
Civil Procedure Commercial Law Jurisdiction Article 5.3 Brussels Regulation Article 5.5 Brussels Regulation Permission to Appeal Costs

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Parties

Kwok Ho Wan

Claimant/respondent

Ace Decade Holdings Limited

Claimant/respondent

Dawn State Limited

Claimant/respondent

UBS AG (London Branch)

Defendant/applicant

Procedural Posture

Commercial Court Application / Permission to Appeal Decision and Costs Order

Legal Issues

  1. 1 Whether permission to appeal should be granted on grounds 2 to 5 regarding jurisdiction under Articles 5.3 and 5.5 of the Brussels Regulation
  2. 2 Appropriate costs order following the application

Ratio Decidendi

Permission to appeal is granted on grounds 2 to 5 because the legal issues under Articles 5.3 and 5.5 of the Brussels Regulation are unclear, nuanced, and suitable for appellate clarification; costs are awarded at 85% of the total sought, payable within 14 days.

Court Disposition

Permission to appeal granted on grounds 2 to 5; costs awarded at 85% of total sought, payable within 14 days.

Orders

  • Permission to appeal granted on grounds 2 to 5 only.
  • Defendant to pay 85% of the claimants' costs within 14 days.