Top Optimized Technologies SL (A Company Incorporated Under the Laws of Spain) & Anor v Vodafone Group Services Ltd & Ors [2021] EWHC 46 (Pat) (14 January 2021)

Top Optimized Technologies SL (A Company Incorporated Under the Laws of Spain) & Anor v Vodafone Group Services Ltd & Ors [2021] EWHC 46 (Pat) (14 January 2021)

The court held that although the Second UK Proceedings and the Madrid Proceedings are related within the meaning of Article 30(3) of Brussels I Recast, the risk of irreconcilable judgments is attenuated because the parties and applicable laws differ. Vodafone, having invoked exclusive jurisdiction clauses, caused the fragmentation of proceedings and cannot now rely on that to justify a stay. There is no abuse of process or real risk of double recovery. The court declined to exercise its discretion to stay the proceedings under Article 30 or case management powers, allowing the Second UK Proceedings to proceed.

Citation
[2021] EWHC 46 (Pat)
Parties
Claimant/respondent: Top Optimized Technologies SL; Claimant/respondent: TOT Power Control SL; Defendant/applicant: Vodafone Group Services Limited; Defendant/applicant: Vodafone Group PLC; Defendant/applicant: Vodafone Limited
Jurisdiction
England and Wales
Judgment Date
14 January 2021
Procedural Posture
Application for Stay of Proceedings (jurisdiction/case Management) / Interlocutory Application, Judgment on Stay Application
Outcome
Application for stay dismissed
Legal Topics
Stay of Proceedings, Jurisdiction, Abuse of Process, Related Actions Under Brussels I Recast, Confidential Information, Patent Infringement, Case Management
Intellectual Property Civil Procedure Conflict of Laws Stay of Proceedings Jurisdiction Abuse of Process Related Actions Under Brussels I Recast Confidential Information +2 more

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Parties

Top Optimized Technologies SL

Claimant/respondent

TOT Power Control SL

Claimant/respondent

Vodafone Group Services Limited

Defendant/applicant

Vodafone Group PLC

Defendant/applicant

Vodafone Limited

Defendant/applicant

Procedural Posture

Application for Stay of Proceedings (jurisdiction/case Management) / Interlocutory Application, Judgment on Stay Application

Legal Issues

  1. 1 Whether the Second UK Proceedings should be stayed under Article 30(1) of Brussels I Recast due to related proceedings in Spain (Madrid Proceedings)
  2. 2 Whether a case management stay should be granted pending the outcome of the Madrid Proceedings
  3. 3 Whether the Second UK Proceedings constitute an abuse of process

Ratio Decidendi

The court held that although the Second UK Proceedings and the Madrid Proceedings are related within the meaning of Article 30(3) of Brussels I Recast, the risk of irreconcilable judgments is attenuated because the parties and applicable laws differ. Vodafone, having invoked exclusive jurisdiction clauses, caused the fragmentation of proceedings and cannot now rely on that to justify a stay. There is no abuse of process or real risk of double recovery. The court declined to exercise its discretion to stay the proceedings under Article 30 or case management powers, allowing the Second UK Proceedings to proceed.

Court Disposition

Application for stay dismissed

Orders

  • Vodafone's application for a stay of the Second UK Proceedings is dismissed.
  • All consequential matters, including costs and any application for permission to appeal, are adjourned to a later hearing (Consequentials Hearing).