Jamieson v Wurttembergische Versicherung Ag & Anor

Jamieson v Wurttembergische Versicherung Ag & Anor

The English court was first seised as confirmed by the German court's unequivocal response; therefore, the stay of proceedings should be lifted and the defendants' applications to decline jurisdiction dismissed. It is not permissible for the English court to question the reasoning of the German court due to principles of comity and the structure of Article 29(2).

Parties
Claimant: Paul Jamieson; First Defendant: Württembergische Versicherung AG; Second Defendant: Bank of America Merrill Lynch
Jurisdiction
England and Wales
Judgment Date
30 April 2021
Procedural Posture
Civil / Post Interlocutory Judgment
Outcome
Stay of proceedings lifted; applications to decline jurisdiction dismissed; permission to appeal refused; stay pending appeal refused.
Legal Topics
Jurisdiction, Stay of Proceedings, Brussels Regulation, Comity
Civil Procedure Private International Law Jurisdiction Stay of Proceedings Brussels Regulation Comity

Case Brief

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Parties

Paul Jamieson

Claimant

Württembergische Versicherung AG

First Defendant

Bank of America Merrill Lynch

Second Defendant

Procedural Posture

Civil / Post Interlocutory Judgment

Legal Issues

  1. 1 Which court was first seised under the Brussels Regulation (Recast)?
  2. 2 Should the stay of English proceedings be lifted?
  3. 3 Should the applications to decline jurisdiction be dismissed?

Ratio Decidendi

The English court was first seised as confirmed by the German court's unequivocal response; therefore, the stay of proceedings should be lifted and the defendants' applications to decline jurisdiction dismissed. It is not permissible for the English court to question the reasoning of the German court due to principles of comity and the structure of Article 29(2).

Court Disposition

Stay of proceedings lifted; applications to decline jurisdiction dismissed; permission to appeal refused; stay pending appeal refused.

Orders

  • The stay imposed by the consent order of 28 September 2018 is lifted.
  • Applications by defendants to decline jurisdiction are dismissed.