Kolden Holdings Ltd v Rodette Commerce Ltd & Anor [2008] EWCA Civ 10 (21 January 2008)

Kolden Holdings Ltd v Rodette Commerce Ltd & Anor [2008] EWCA Civ 10 (21 January 2008)

Where there has been a valid legal assignment of contractual 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, and the subsequent substitution of the assignee as claimant does not affect the priority of the English proceedings.

Citation
[2008] EWCA Civ 10
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 (commercial Court)
Outcome
Appeal dismissed
Legal Topics
Lis Pendens, Assignment of Contractual Rights, Jurisdiction Under Brussels Regulation, Forum Shopping, Negative Declarations
Private International Law Civil Procedure Commercial Law Lis Pendens Assignment of Contractual Rights Jurisdiction Under Brussels Regulation Forum Shopping Negative Declarations

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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 (commercial Court)

Legal Issues

  1. 1 Whether the English and Cyprus proceedings involve the 'same parties' for the purposes of Article 27 of Council Regulation 44/2001 (Judgments Regulation) after assignment and substitution of claimant
  2. 2 Whether the English court was first seised for the purposes of Article 27
  3. 3 Whether a valid assignment makes the assignee and assignor the 'same party' under Article 27

Ratio Decidendi

Where there has been a valid legal assignment of contractual 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, and the subsequent substitution of the assignee as claimant does not affect the priority of the English proceedings.

Court Disposition

Appeal dismissed

Orders

  • The application for a stay of the English proceedings under Article 27 of the Judgments Regulation is dismissed.
  • The English court retains jurisdiction as the court first seised.