Moonbug Entertainment Ltd v CCM Touring LLC & Anor [2024] EWHC 793 (Comm) (15 April 2024)

Moonbug Entertainment Ltd v CCM Touring LLC & Anor [2024] EWHC 793 (Comm) (15 April 2024)

The claim brought by the claimant is not before the New York court and is contractually subject to English law and the exclusive jurisdiction of the English court under clause 8.3. The defendants, by their conduct, submitted to the jurisdiction and cannot now challenge it. There is no arguable basis for a stay or for relief from sanctions to permit a late jurisdiction challenge.

Citation
[2024] EWHC 793 (Comm)
Parties
Claimant: Moonbug Entertainment Limited; First Defendant: CCM Touring LLC; Second Defendant: S2BN Entertainment Corporation
Jurisdiction
England and Wales
Judgment Date
15 April 2024
Procedural Posture
Commercial Court Application (jurisdiction and Case Management) / Interlocutory Application Ruling
Outcome
Application dismissed
Legal Topics
Jurisdiction Challenge, Contract Interpretation, Submission to Jurisdiction, Relief From Sanctions, Case Management, Declaratory Relief
Commercial Law Contract Law Private International Law Jurisdiction Challenge Contract Interpretation Submission to Jurisdiction Relief From Sanctions Case Management +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Moonbug Entertainment Limited

Claimant

CCM Touring LLC

First Defendant

S2BN Entertainment Corporation

Second Defendant

Procedural Posture

Commercial Court Application (jurisdiction and Case Management) / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the English court has jurisdiction over the 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 New York proceedings

Ratio Decidendi

The claim brought by the claimant is not before the New York court and is contractually subject to English law and the exclusive jurisdiction of the English court under clause 8.3. The defendants, by their conduct, submitted to the jurisdiction and cannot now challenge it. There is no arguable basis for a stay or for relief from sanctions to permit a late jurisdiction challenge.

Court Disposition

Application dismissed

Orders

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