St Vincent European General Partner Ltd v Robinson & Ors [2016] EWHC 2920 (Comm) (17 November 2016)

St Vincent European General Partner Ltd v Robinson & Ors [2016] EWHC 2920 (Comm) (17 November 2016)

The Applicants are bound by the Cypriot court's (NDC) prior judgments, which held that the Cypriot courts lack jurisdiction over the claims at issue and that the claims do not fall within the exclusive jurisdiction clause of the Pledge Agreement. The Applicants, having relied on and benefited from those judgments in Cyprus, are estopped from contesting jurisdiction in England. Therefore, the English court's jurisdiction is not displaced by Article 25 of the Recast Judgments Regulation, and the application to set aside proceedings fails.

Citation
[2016] EWHC 2920 (Comm)
Parties
Claimant: St Vincent European General Partner Limited; Defendants: Bruce Robinson (and others); Applicant/defendant: Polad Ltd (4th Defendant); Applicant/defendant: Thistle Aviation Ltd (6th Defendant); Applicant/defendant: Mr Nicholson senior (11th Defendant)
Jurisdiction
England and Wales
Judgment Date
17 November 2016
Procedural Posture
Commercial Court Application (jurisdiction Challenge) / Application to Set Aside Proceedings for Lack of Jurisdiction
Outcome
Application dismissed
Legal Topics
Jurisdiction Clauses, Recognition of Foreign Judgments, Issue Estoppel, Exclusive Jurisdiction Agreements, EU Recast Judgments Regulation
Private International Law Civil Procedure Commercial Law Jurisdiction Clauses Recognition of Foreign Judgments Issue Estoppel Exclusive Jurisdiction Agreements EU Recast Judgments Regulation

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Parties

St Vincent European General Partner Limited

Claimant

Bruce Robinson (and others)

Defendants

Polad Ltd (4th Defendant)

Applicant/defendant

Thistle Aviation Ltd (6th Defendant)

Applicant/defendant

Mr Nicholson senior (11th Defendant)

Applicant/defendant

Procedural Posture

Commercial Court Application (jurisdiction Challenge) / Application to Set Aside Proceedings for Lack of Jurisdiction

Legal Issues

  1. 1 Whether the English court has jurisdiction over the Applicants given the exclusive jurisdiction clause in the Pledge Agreement conferring jurisdiction on the courts of Cyprus
  2. 2 Whether previous Cypriot court judgments preclude the Applicants from contesting jurisdiction in England (issue estoppel)

Ratio Decidendi

The Applicants are bound by the Cypriot court's (NDC) prior judgments, which held that the Cypriot courts lack jurisdiction over the claims at issue and that the claims do not fall within the exclusive jurisdiction clause of the Pledge Agreement. The Applicants, having relied on and benefited from those judgments in Cyprus, are estopped from contesting jurisdiction in England. Therefore, the English court's jurisdiction is not displaced by Article 25 of the Recast Judgments Regulation, and the application to set aside proceedings fails.

Court Disposition

Application dismissed

Orders

  • The application by the 4th, 6th, and 11th Defendants for a declaration that the court has no jurisdiction is dismissed.
  • The proceedings against the Applicants are not set aside and will continue in the English court.