Moonbug Entertainment Limited v CCM Touring LLC & Anor

Moonbug Entertainment Limited v CCM Touring LLC & Anor

The English court has jurisdiction under clause 8.3 of the licence agreement because the claimant, as the party bringing the claim, is entitled to have it determined under English law and in the English courts. The defendants submitted to the jurisdiction by their conduct, including seeking and obtaining an extension of time for Defence and engaging in case management correspondence, without reserving their position on jurisdiction. The New York proceedings do not concern the same subject matter as the English claim, and there is no basis for a stay or for relief from sanctions for the late jurisdiction challenge.

Parties
Claimant: Moonbug Entertainment Limited; First Defendant: CCM Touring LLC; Second Defendant: S2BN Entertainment Corporation
Jurisdiction
England and Wales
Judgment Date
17 November 2024
Procedural Posture
Commercial / Interlocutory Application Ruling
Outcome
Application dismissed
Legal Topics
Jurisdiction, Submission to Jurisdiction, Contract Interpretation, Stay of Proceedings, Relief From Sanctions
Contract Law Private International Law Civil Procedure Jurisdiction Submission to Jurisdiction Contract Interpretation Stay of Proceedings Relief From Sanctions

Case Brief

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Parties

Moonbug Entertainment Limited

Claimant

CCM Touring LLC

First Defendant

S2BN Entertainment Corporation

Second Defendant

Procedural Posture

Commercial / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the English court has jurisdiction to try the claimant’s claim under clause 8.3 of the licence agreement
  2. 2 Whether the defendants submitted to the jurisdiction by their conduct
  3. 3 Whether there is an arguable basis for a stay of proceedings in favour of or pending the New York claim

Ratio Decidendi

The English court has jurisdiction under clause 8.3 of the licence agreement because the claimant, as the party bringing the claim, is entitled to have it determined under English law and in the English courts. The defendants submitted to the jurisdiction by their conduct, including seeking and obtaining an extension of time for Defence and engaging in case management correspondence, without reserving their position on jurisdiction. The New York proceedings do not concern the same subject matter as the English claim, and there is no basis for a stay or for relief from sanctions for the late jurisdiction challenge.

Court Disposition

Application dismissed

Orders

  • Permission granted to rely on expert evidence of New York law, if required, for specified statements
  • All other relief sought by the defendants refused