Marriott v Fresson & Ors

Marriott v Fresson & Ors

The principal subject matter of the proceedings is the validity and enforceability of the 12 July 2018 agreements, not the validity of decisions of PEV's organs or entries in public registers; therefore, Article 24(2) and (3) do not confer exclusive jurisdiction on Spanish courts.

Parties
Claimant: Henry John Marriott; First Defendant: Michael John Fresson; Second Defendant: Tomás Vaquer Doménech; Third Defendant: Parque Ecologico Valldemossa SL
Jurisdiction
England and Wales
Judgment Date
25 September 2020
Procedural Posture
Commercial Court Application / Ruling on Jurisdiction Challenge
Outcome
Jurisdiction challenge dismissed
Legal Topics
Jurisdiction Under Brussels Regulation, Exclusive Jurisdiction Clauses, Validity and Enforceability of Agreements, Shareholder Disputes
Private International Law Company Law Contract Law Jurisdiction Under Brussels Regulation Exclusive Jurisdiction Clauses Validity and Enforceability of Agreements Shareholder Disputes

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 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Henry John Marriott

Claimant

Michael John Fresson

First Defendant

Tomás Vaquer Doménech

Second Defendant

Parque Ecologico Valldemossa SL

Third Defendant

Procedural Posture

Commercial Court Application / Ruling on Jurisdiction Challenge

Legal Issues

  1. 1 Whether Article 24(2) and (3) of Regulation (EU) No. 1215/2012 (Recast Brussels Regulation) confer exclusive jurisdiction on Spanish courts
  2. 2 Whether the principal subject matter of the proceedings concerns the validity of decisions of company organs or entries in public registers

Ratio Decidendi

The principal subject matter of the proceedings is the validity and enforceability of the 12 July 2018 agreements, not the validity of decisions of PEV's organs or entries in public registers; therefore, Article 24(2) and (3) do not confer exclusive jurisdiction on Spanish courts.

Court Disposition

Jurisdiction challenge dismissed

Orders

  • The challenge to jurisdiction is dismissed