Marriott v Fresson & Ors [2020] EWHC 2515 (Comm) (25 September 2020)

Marriott v Fresson & Ors [2020] EWHC 2515 (Comm) (25 September 2020)

The principal subject matter of the proceedings is the validity and enforceability of the 12 July 2018 agreements, not the validity of decisions of company organs or entries in public registers. Therefore, Article 24 of the Recast Brussels Regulation does not apply and the English court has jurisdiction.

Citation
[2020] EWHC 2515 (Comm)
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
Jurisdiction Challenge in Commercial Proceedings / Judgment on Application to Contest Jurisdiction
Outcome
Jurisdiction challenge dismissed
Legal Topics
Jurisdiction Under Recast Brussels Regulation, Exclusive Jurisdiction Clauses, Shareholder Disputes, Validity and Enforceability of Agreements, Rectification of Company Registers
Private International Law Commercial Law Company Law Jurisdiction Under Recast Brussels Regulation Exclusive Jurisdiction Clauses Shareholder Disputes Validity and Enforceability of Agreements Rectification of Company Registers

Case Brief

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Parties

Henry John Marriott

Claimant

Michael John Fresson

First Defendant

Tomás Vaquer Doménech

Second Defendant

Parque Ecologico Valldemossa SL

Third Defendant

Procedural Posture

Jurisdiction Challenge in Commercial Proceedings / Judgment on Application to Contest Jurisdiction

Legal Issues

  1. 1 Whether the English court has jurisdiction or whether the Spanish courts have exclusive jurisdiction under Article 24 of Regulation (EU) No. 1215/2012 (Recast Brussels Regulation)
  2. 2 Whether the proceedings have as their principal subject matter 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 company organs or entries in public registers. Therefore, Article 24 of the Recast Brussels Regulation does not apply and the English court has jurisdiction.

Court Disposition

Jurisdiction challenge dismissed

Orders

  • The application by the First and Third Defendants challenging the jurisdiction of the English court is dismissed.