Cousins Material House Ltd v The Swatch Group AG & Ors [2024] EWHC 710 (Ch) (27 March 2024)

Cousins Material House Ltd v The Swatch Group AG & Ors [2024] EWHC 710 (Ch) (27 March 2024)

The Swiss courts' judgments are to be recognised under the Lugano Convention as there was no manifest breach of Article 6 ECHR or public policy. All issues raised by Cousins, including those under Article 101 TFEU and s.60A Competition Act 1998, were decided or could have been decided in Switzerland and are therefore res judicata. The High Court will not exercise jurisdiction and the claim is barred.

Citation
[2024] EWHC 710 (Ch)
Parties
Respondent / Claimant: Cousins Material House Limited; Applicant / Defendant: The Swatch Group AG; Applicant / Defendant: ETA SA Manufacture Horlogère Suisse; Applicant / Defendant: The Swatch Group (UK) Limited
Jurisdiction
England and Wales
Judgment Date
27 March 2024
Procedural Posture
Application for Declaration of No Jurisdiction And/or Stay / High Court, Post Judgment on Jurisdictional Challenge
Outcome
Application granted. Declaration made that the High Court will not exercise jurisdiction. Amended Claim Form set aside.
Legal Topics
Res Judicata, Recognition and Enforcement of Foreign Judgments, Lugano Convention, Article 6 ECHR, Competition Act 1998, TFEU Articles 101 and 102, Public Policy Exception
Competition Law Private International Law Civil Procedure Res Judicata Recognition and Enforcement of Foreign Judgments Lugano Convention Article 6 ECHR Competition Act 1998 +2 more

Case Brief

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Parties

Cousins Material House Limited

Respondent / Claimant

The Swatch Group AG

Applicant / Defendant

ETA SA Manufacture Horlogère Suisse

Applicant / Defendant

The Swatch Group (UK) Limited

Applicant / Defendant

Procedural Posture

Application for Declaration of No Jurisdiction And/or Stay / High Court, Post Judgment on Jurisdictional Challenge

Legal Issues

  1. 1 Whether the High Court has jurisdiction to try the claim given prior Swiss judgments
  2. 2 Whether the Swiss judgments should be recognised under the Lugano Convention
  3. 3 Whether the public policy exception (manifest breach of Article 6 ECHR) applies

Ratio Decidendi

The Swiss courts' judgments are to be recognised under the Lugano Convention as there was no manifest breach of Article 6 ECHR or public policy. All issues raised by Cousins, including those under Article 101 TFEU and s.60A Competition Act 1998, were decided or could have been decided in Switzerland and are therefore res judicata. The High Court will not exercise jurisdiction and the claim is barred.

Court Disposition

Application granted. Declaration made that the High Court will not exercise jurisdiction. Amended Claim Form set aside.

Orders

  • Declaration that the High Court will not exercise any jurisdiction it may have to try Cousins' claim.
  • Amended Claim Form issued on 5 June 2017 set aside.