Cooper Tire & Rubber Company Europe Ltd. & Ors v Shell Chemicals UK Ltd. & Ors [2009] EWHC 1529 (Comm) (01 July 2009)

Cooper Tire & Rubber Company Europe Ltd. & Ors v Shell Chemicals UK Ltd. & Ors [2009] EWHC 1529 (Comm) (01 July 2009)

The application to adjourn the hearing of the jurisdictional challenge was dismissed because jurisdictional disputes should be resolved promptly, the potential for wasted costs does not justify indefinite delay, and real case management can only occur once jurisdiction is determined. The existence of related appeals and potential Masterfoods stays does not outweigh the need for timely resolution of jurisdiction.

Citation
[2009] EWHC 1529 (Comm)
Parties
Claimants: Cooper Tire & Rubber Company Europe Limited and others; Defendants: Shell Chemicals UK Limited and others; Claimants: Dunlop Oil & Marine Limited and others; Defendants: Dow Chemical Company Limited; Defendants: 22nd and 23rd Defendants; Defendants: Bayer and Lanxess Defendants; Defendants: Trade-Stomil Defendants
Jurisdiction
England and Wales
Judgment Date
01 July 2009
Procedural Posture
Commercial Court Application / Application to Adjourn Hearing of Jurisdiction Challenge
Outcome
Application for adjournment dismissed
Legal Topics
Jurisdictional Challenge, Adjournment, Follow on Damages Action, Cartel Damages, Case Management, Masterfoods Stay
Competition Law Civil Procedure Private International Law Jurisdictional Challenge Adjournment Follow on Damages Action Cartel Damages Case Management +1 more

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Parties

Cooper Tire & Rubber Company Europe Limited and others

Claimants

Shell Chemicals UK Limited and others

Defendants

Dunlop Oil & Marine Limited and others

Claimants

Dow Chemical Company Limited

Defendants

22nd and 23rd Defendants

Defendants

Bayer and Lanxess Defendants

Defendants

Trade-Stomil Defendants

Defendants

Procedural Posture

Commercial Court Application / Application to Adjourn Hearing of Jurisdiction Challenge

Legal Issues

  1. 1 Whether the hearing of the Defendants' jurisdictional challenge should be adjourned pending the outcome of related Italian appellate proceedings and appeals to the European courts

Ratio Decidendi

The application to adjourn the hearing of the jurisdictional challenge was dismissed because jurisdictional disputes should be resolved promptly, the potential for wasted costs does not justify indefinite delay, and real case management can only occur once jurisdiction is determined. The existence of related appeals and potential Masterfoods stays does not outweigh the need for timely resolution of jurisdiction.

Court Disposition

Application for adjournment dismissed

Orders

  • The hearing of the jurisdictional challenge will proceed as scheduled in October 2009.
  • Parties are invited to agree any remaining directions required for the hearing.