Arbuthnot Latham & Co Ltd v M3 Marine Ltd & Anor

Arbuthnot Latham & Co Ltd v M3 Marine Ltd & Anor

Receipt by either fax or post by the Foreign Process Section is sufficient for the French court to be seised under Article 30(2) of the Brussels Regulation. The French court was first seised as the French Writ was received by fax on 24 October 2012, prior to the English proceedings.

Parties
Claimant: Arbuthnot Latham & Co Limited; First Defendant: M3 Marine Limited; Second Defendant: Alan Lubin
Jurisdiction
England and Wales
Judgment Date
25 April 2013
Procedural Posture
Commercial / Application for Stay of Proceedings
Outcome
Stay granted
Legal Topics
Jurisdiction, Lis Pendens, Service of Process, Interpretation of EU Regulations
Civil Procedure Private International Law Commercial Law Jurisdiction Lis Pendens Service of Process Interpretation of EU Regulations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Arbuthnot Latham & Co Limited

Claimant

M3 Marine Limited

First Defendant

Alan Lubin

Second Defendant

Procedural Posture

Commercial / Application for Stay of Proceedings

Legal Issues

  1. 1 Whether the French court was first seised under Article 30(2) of the Brussels Regulation
  2. 2 Whether receipt by fax alone suffices for seisin under the Service Regulation and Manual

Ratio Decidendi

Receipt by either fax or post by the Foreign Process Section is sufficient for the French court to be seised under Article 30(2) of the Brussels Regulation. The French court was first seised as the French Writ was received by fax on 24 October 2012, prior to the English proceedings.

Court Disposition

Stay granted

Orders

  • Proceedings in the English court stayed in favour of the French court