Kolden Holdings Ltd v Rodette Commerce Ltd & Anor

Kolden Holdings Ltd v Rodette Commerce Ltd & Anor

Where there has been a valid assignment of rights, the assignee and assignor are to be regarded as the same party for the purposes of Article 27 of the Judgments Regulation, as their interests are identical and indissociable in relation to the subject matter of the dispute. The English court was first seised of the cause of action, and the subsequent substitution of the assignee as claimant does not affect this. The appeal is dismissed.

Parties
Claimant/respondent: Kolden Holdings Limited; Defendant/appellant: Rodette Commerce Limited; Defendant/appellant: Taplow Ventures Limited
Jurisdiction
England and Wales
Judgment Date
21 January 2008
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Lis Pendens, Assignment of Rights, Jurisdiction Under Brussels Regulation, Res Judicata, Forum Shopping
Civil Procedure Private International Law Commercial Law Lis Pendens Assignment of Rights Jurisdiction Under Brussels Regulation Res Judicata Forum Shopping

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Parties

Kolden Holdings Limited

Claimant/respondent

Rodette Commerce Limited

Defendant/appellant

Taplow Ventures Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the parties to the English and Cyprus proceedings are the 'same parties' for purposes of Article 27 of Council Regulation 44/2001 (EC)
  2. 2 Whether the English court was first seised of the same cause of action between the same parties
  3. 3 Whether an assignee is to be regarded as the same party as the assignor for Article 27 purposes

Ratio Decidendi

Where there has been a valid assignment of rights, the assignee and assignor are to be regarded as the same party for the purposes of Article 27 of the Judgments Regulation, as their interests are identical and indissociable in relation to the subject matter of the dispute. The English court was first seised of the cause of action, and the subsequent substitution of the assignee as claimant does not affect this. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the English proceedings are not stayed under Article 27 of the Judgments Regulation.