WMS Gaming Inc v B Plus Giocolegale Ltd

WMS Gaming Inc v B Plus Giocolegale Ltd

The English and Italian proceedings are not between the same parties and do not involve the same cause of action or objet. There is no appreciable risk of irreconcilable judgments. The application for a stay of the Supply Contract Claim was made out of time without good reason. The court is not bound or persuaded to stay or decline jurisdiction over the Negotiation Claim or Supply Contract Claim under Articles 27 or 28 of the Brussels Regulation.

Parties
Claimant/part 11 Respondent: WMS Gaming Inc; Defendant/part 11 Applicant: B Plus Giocolegale Limitd
Jurisdiction
England and Wales
Judgment Date
13 October 2011
Procedural Posture
Commercial Court Civil Action / Interlocutory Application for Stay/declining Jurisdiction Under Articles 27 and 28 of the Brussels Regulation
Outcome
Applications by B Plus refused
Legal Topics
Jurisdiction, Lis Pendens, Related Actions, Brussels Regulation, Parent and Subsidiary Liability, Stay of Proceedings
Civil Procedure Private International Law Commercial Law Jurisdiction Lis Pendens Related Actions Brussels Regulation Parent and Subsidiary Liability +1 more

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Parties

WMS Gaming Inc

Claimant/part 11 Respondent

B Plus Giocolegale Limitd

Defendant/part 11 Applicant

Procedural Posture

Commercial Court Civil Action / Interlocutory Application for Stay/declining Jurisdiction Under Articles 27 and 28 of the Brussels Regulation

Legal Issues

  1. 1 Whether the English court must stay or decline jurisdiction over the Negotiation Claim and/or Supply Contract Claim 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' for purposes of Article 28 and whether a stay is discretionary

Ratio Decidendi

The English and Italian proceedings are not between the same parties and do not involve the same cause of action or objet. There is no appreciable risk of irreconcilable judgments. The application for a stay of the Supply Contract Claim was made out of time without good reason. The court is not bound or persuaded to stay or decline jurisdiction over the Negotiation Claim or Supply Contract Claim under Articles 27 or 28 of the Brussels Regulation.

Court Disposition

Applications by B Plus refused

Orders

  • Application to stay or decline jurisdiction over the Negotiation Claim refused
  • Application to stay the Supply Contract Claim refused