Jamieson v Wurttemburgische Versicherung AG & Anor

Jamieson v Wurttemburgische Versicherung AG & Anor

The stay cannot be lifted because the statutory mechanism under Article 29(2) of the Recast Regulation requires the English court to request the German court to confirm which court was first seised. The English court is not permitted to bypass this mechanism or rule on abuse of EU law while the German courts are still considering these issues. Comity and the structure of the Recast Regulation mandate deference to the German court's determination.

Parties
Claimant: Paul Jamieson; First Defendant: Wurttembergische Versicherung AG; Second Defendant: Bank of America Merrill Lynch
Jurisdiction
England and Wales
Judgment Date
05 February 2021
Procedural Posture
Civil / Ruling on Application to Lift Stay
Outcome
Application to lift the stay refused.
Legal Topics
Jurisdiction, Stay of Proceedings, Lis Alibi Pendens, Abuse of EU Law
Civil Procedure Private International Law Jurisdiction Stay of Proceedings Lis Alibi Pendens Abuse of EU Law

Case Brief

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Parties

Paul Jamieson

Claimant

Wurttembergische Versicherung AG

First Defendant

Bank of America Merrill Lynch

Second Defendant

Procedural Posture

Civil / Ruling on Application to Lift Stay

Legal Issues

  1. 1 Whether the stay of proceedings should be lifted in favour of English High Court jurisdiction
  2. 2 Whether the German court was first seised under Article 29 of the Recast Regulation
  3. 3 Whether the negative declaratory action in Germany constituted an abuse of EU law

Ratio Decidendi

The stay cannot be lifted because the statutory mechanism under Article 29(2) of the Recast Regulation requires the English court to request the German court to confirm which court was first seised. The English court is not permitted to bypass this mechanism or rule on abuse of EU law while the German courts are still considering these issues. Comity and the structure of the Recast Regulation mandate deference to the German court's determination.

Court Disposition

Application to lift the stay refused.

Orders

  • Permission to rely on expert evidence of Professor Dannemann refused.
  • Counsel invited to agree an order reflecting the judgment.