Tavoulareas v Tsavliris & Ors [2003] EWHC 550 (Comm) (21 March 2003)

Tavoulareas v Tsavliris & Ors [2003] EWHC 550 (Comm) (21 March 2003)

The Greek court was first seised within the meaning of Article 21 of the Brussels Convention because, under Greek law, service on the Public Prosecutor is sufficient to commence proceedings against a defendant domiciled abroad, unless the defendant can show irrecoverable detriment from a defective address. The English proceedings must therefore be stayed and the default judgment set aside.

Citation
[2003] EWHC 550 (Comm)
Parties
Claimant: Peter Tavoulareas; First Defendant: George Tsavliris; Second Defendant: Andrew Tsavliris; Third Defendant: A G Tsavliris & Sons Maritime Company; Fourth Defendant: Tsavliris Salvage International Limited
Jurisdiction
England and Wales
Judgment Date
21 March 2003
Procedural Posture
Commercial Debt Recovery and Jurisdictional Challenge / Interlocutory Application Regarding Stay of Proceedings and Setting Aside Default Judgment
Outcome
Stay of English proceedings and setting aside of default judgment granted.
Legal Topics
Jurisdiction Under Brussels Convention, Lis Pendens, Service of Process, Forum Non Conveniens, Default Judgment, Recognition of Foreign Proceedings
Private International Law Civil Procedure Commercial Law Jurisdiction Under Brussels Convention Lis Pendens Service of Process Forum Non Conveniens Default Judgment +1 more

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Parties

Peter Tavoulareas

Claimant

George Tsavliris

First Defendant

Andrew Tsavliris

Second Defendant

A G Tsavliris & Sons Maritime Company

Third Defendant

Tsavliris Salvage International Limited

Fourth Defendant

Procedural Posture

Commercial Debt Recovery and Jurisdictional Challenge / Interlocutory Application Regarding Stay of Proceedings and Setting Aside Default Judgment

Legal Issues

  1. 1 Whether the Greek court was first seised under Article 21 of the Brussels Convention
  2. 2 Whether service on the Public Prosecutor in Greece constituted effective service for seisin
  3. 3 Whether the English proceedings should be stayed and default judgment set aside

Ratio Decidendi

The Greek court was first seised within the meaning of Article 21 of the Brussels Convention because, under Greek law, service on the Public Prosecutor is sufficient to commence proceedings against a defendant domiciled abroad, unless the defendant can show irrecoverable detriment from a defective address. The English proceedings must therefore be stayed and the default judgment set aside.

Court Disposition

Stay of English proceedings and setting aside of default judgment granted.

Orders

  • English proceedings stayed pending outcome of Greek proceedings.
  • Default judgment against First Defendant set aside.