Katsouris Brothers Ltd v Haitoglou Bros SA [2011] EWHC 111 (Comm) (31 January 2011)

Katsouris Brothers Ltd v Haitoglou Bros SA [2011] EWHC 111 (Comm) (31 January 2011)

The English Court refused to extend time for service of Particulars of Claim in the Queen's Bench action due to KBL's persistent and intentional failure to comply with procedural rules, lack of promptness, and insufficient explanation for delay. The Court held that the Greek Court was first seised of the relevant matters, and that the Part 20 Claim in the KFF action involved the same parties and cause of action as the Greek proceedings. Accordingly, the Queen's Bench action was struck out and the Part 20 Claim was stayed under Article 27 of the Judgments Regulation.

Citation
[2011] EWHC 111 (Comm)
Parties
Claimant/respondent: Katsouris Brothers Limited; Defendant/applicant: Haitoglou Bros S. A.; Claimant: Katsouris Fresh Foods Limited; Claimant: Bakkavor Foods Limited
Jurisdiction
England and Wales
Judgment Date
31 January 2011
Procedural Posture
Commercial Court Proceedings (queen's Bench Division) and Part 20 Proceedings / Ruling on Applications for Extension of Time, Jurisdiction, and Stay
Outcome
Queen's Bench action struck out; Part 20 Claim in KFF action stayed
Legal Topics
Jurisdiction Under Council Regulation (ec) 44/2001, Forum Non Conveniens, Contribution Under Civil Liability (contribution) Act 1978, Extension of Time for Service of Particulars of Claim, Abuse of Process, Negative Declaratory Relief, Stay of Proceedings Under Article 27
Private International Law Civil Procedure Product Liability Jurisdiction Under Council Regulation (ec) 44/2001 Forum Non Conveniens Contribution Under Civil Liability (contribution) Act 1978 Extension of Time for Service of Particulars of Claim Abuse of Process +2 more

Case Brief

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Parties

Katsouris Brothers Limited

Claimant/respondent

Haitoglou Bros S. A.

Defendant/applicant

Katsouris Fresh Foods Limited

Claimant

Bakkavor Foods Limited

Claimant

Procedural Posture

Commercial Court Proceedings (queen's Bench Division) and Part 20 Proceedings / Ruling on Applications for Extension of Time, Jurisdiction, and Stay

Legal Issues

  1. 1 Whether the English Court has jurisdiction over the tort and contribution claims against a Greek defendant under the Judgments Regulation
  2. 2 Whether the Queen's Bench action should be struck out for failure to serve Particulars of Claim
  3. 3 Whether the Part 20 Claim in the KFF action should be stayed under Article 27 of the Judgments Regulation

Ratio Decidendi

The English Court refused to extend time for service of Particulars of Claim in the Queen's Bench action due to KBL's persistent and intentional failure to comply with procedural rules, lack of promptness, and insufficient explanation for delay. The Court held that the Greek Court was first seised of the relevant matters, and that the Part 20 Claim in the KFF action involved the same parties and cause of action as the Greek proceedings. Accordingly, the Queen's Bench action was struck out and the Part 20 Claim was stayed under Article 27 of the Judgments Regulation.

Court Disposition

Queen's Bench action struck out; Part 20 Claim in KFF action stayed

Orders

  • KBL's application to extend time for service of Particulars of Claim in the Queen's Bench action dismissed
  • Queen's Bench action struck out