Trustor AB v Barclays Bank Plc & Ors [2001] EWCA Civ 398 (22 March 2001)

Trustor AB v Barclays Bank Plc & Ors [2001] EWCA Civ 398 (22 March 2001)

The English proceedings should be stayed pending determination of all liability proceedings in Luxembourg, using the court's case management powers, with parties to be bound by the decisions of the Luxembourg and English courts as to liability and quantum, and all parties to participate in ADR to attempt resolution.

Citation
[2001] EWCA Civ 398
Parties
Claimant/part 20 Defendant: Trustor A.B.; Respondent/defendant/part 20 Claimant: Barclays Bank PLC; Appellant/part 20 Defendant: F. Van Lanschot Bankers (Luxembourg) SA; Part 20 Defendant: International Trade & Credit Branch Ltd (ITCB)
Jurisdiction
England and Wales
Judgment Date
22 March 2001
Procedural Posture
Civil Appeal / Interlocutory/case Management on Appeal
Outcome
Appeal stood over with liberty to restore; English proceedings stayed pending Luxembourg liability proceedings; directions given for ADR and undertakings; costs of Trustor's involvement in appeal awarded against Barclays; other costs reserved.
Legal Topics
Stay of Proceedings, Case Management, Jurisdiction, ADR (alternative Dispute Resolution), Contribution Proceedings
Civil Procedure Banking Law Private International Law Stay of Proceedings Case Management Jurisdiction ADR (alternative Dispute Resolution) Contribution Proceedings

Case Brief

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Parties

Trustor A.B.

Claimant/part 20 Defendant

Barclays Bank PLC

Respondent/defendant/part 20 Claimant

F. Van Lanschot Bankers (Luxembourg) SA

Appellant/part 20 Defendant

International Trade & Credit Branch Ltd (ITCB)

Part 20 Defendant

Procedural Posture

Civil Appeal / Interlocutory/case Management on Appeal

Legal Issues

  1. 1 Whether English proceedings should be stayed pending Luxembourg liability proceedings
  2. 2 Whether parties should be bound by decisions of foreign courts on liability and quantum
  3. 3 Whether the court should order participation in ADR

Ratio Decidendi

The English proceedings should be stayed pending determination of all liability proceedings in Luxembourg, using the court's case management powers, with parties to be bound by the decisions of the Luxembourg and English courts as to liability and quantum, and all parties to participate in ADR to attempt resolution.

Court Disposition

Appeal stood over with liberty to restore; English proceedings stayed pending Luxembourg liability proceedings; directions given for ADR and undertakings; costs of Trustor's involvement in appeal awarded against Barclays; other costs reserved.

Orders

  • English proceedings stayed pending determination of all liability proceedings in Luxembourg.
  • Barclays and Van Lanschot to be bound by decisions of Luxembourg and English courts as to liability and quantum.