Masri v Consolidated Contractors International Co Sal & Ors

Masri v Consolidated Contractors International Co Sal & Ors

Article 27 does not apply because the Greek Action and the English Conspiracy Action do not involve the same cause of action or same parties. However, Article 28 applies because the actions are related and there is a material risk of irreconcilable judgments on overlapping factual issues, particularly regarding the control and management of the CCC Group and the alleged anti-enforcement strategy. The discretion under Article 28 is exercised to stay the English Conspiracy Action to prevent parallel proceedings and conflicting decisions. The claimant's material non-disclosure regarding the Greek Action on the ex parte application does not justify setting aside the order, but the claimant is...

Parties
Claimant: Munib Masri; 1st Defendant: Consolidated Contractors International Company SAL; 2nd Defendant: Consolidated Contractors (Oil and Gas) Company SAL; 3rd Defendant: Said Tawfic Khoury; 4th Defendant: Tawfic Said Khoury; 5th Defendant: Samer Said Khoury; 6th Defendant: Wael Said Khoury; 7th Defendant: Consolidated Contractors Group SAL (Holding Company)
Jurisdiction
England and Wales
Judgment Date
13 July 2011
Procedural Posture
Commercial Court Civil Action (conspiracy, Unlawful Interference With Contract, Damages) / Interlocutory Application—challenge to Jurisdiction And/or Stay Under Articles 27/28 of the Judgments Regulation
Outcome
Stay of proceedings granted (English Conspiracy Action stayed under Article 28)
Legal Topics
Jurisdictional Challenge, Lis Pendens, Stay of Proceedings, Conspiracy, Unlawful Interference With Contract, Non Disclosure on Ex Parte Application
Private International Law Civil Procedure Commercial Law Jurisdictional Challenge Lis Pendens Stay of Proceedings Conspiracy Unlawful Interference With Contract +1 more

Case Brief

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Parties

Munib Masri

Claimant

Consolidated Contractors International Company SAL

1st Defendant

Consolidated Contractors (Oil and Gas) Company SAL

2nd Defendant

Said Tawfic Khoury

3rd Defendant

Tawfic Said Khoury

4th Defendant

Samer Said Khoury

5th Defendant

Wael Said Khoury

6th Defendant

Consolidated Contractors Group SAL (Holding Company)

7th Defendant

Procedural Posture

Commercial Court Civil Action (conspiracy, Unlawful Interference With Contract, Damages) / Interlocutory Application—challenge to Jurisdiction And/or Stay Under Articles 27/28 of the Judgments Regulation

Legal Issues

  1. 1 Whether the English Commercial Court should stay or decline jurisdiction in favour of Greek proceedings under Articles 27 or 28 of the Judgments Regulation (Council Regulation (EC) No 44/2001)
  2. 2 Whether the Greek Action and the English Conspiracy Action involve the same cause of action and same parties for Article 27
  3. 3 Whether the actions are 'related' for Article 28 and whether a stay or dismissal is expedient

Ratio Decidendi

Article 27 does not apply because the Greek Action and the English Conspiracy Action do not involve the same cause of action or same parties. However, Article 28 applies because the actions are related and there is a material risk of irreconcilable judgments on overlapping factual issues, particularly regarding the control and management of the CCC Group and the alleged anti-enforcement strategy. The discretion under Article 28 is exercised to stay the English Conspiracy Action to prevent parallel proceedings and conflicting decisions. The claimant's material non-disclosure regarding the Greek Action on the ex parte application does not justify setting aside the order, but the claimant is...

Court Disposition

Stay of proceedings granted (English Conspiracy Action stayed under Article 28)

Orders

  • The English Conspiracy Action is stayed pending the outcome of the Greek Action.
  • The claimant is deprived of all costs of making and obtaining the ex parte order for service out, including the costs of the explanatory third witness statement.