Tate v Allianz Iard SA [2020] EWHC 3227 (QB) (27 November 2020)

Tate v Allianz Iard SA [2020] EWHC 3227 (QB) (27 November 2020)

There is no pending action in the French courts as the previous proceedings were terminated by final judgment; the French and English proceedings do not involve the same cause of action; and there is no risk of irreconcilable or inconsistent judgments. Therefore, Articles 29 and 30 of Brussels I Recast do not apply...

Source-derived case information.

Citation
[2020] EWHC 3227
Parties
Claimant: Derrick Tate; Defendant: Allianz IARD SA
Jurisdiction
England and Wales
Judgment Date
27 November 2020
Procedural Posture
Application to Dismiss or Stay Action (jurisdiction/lis Pendens) / High Court (queen's Bench Division) Judgment on Application
Outcome
Application to decline jurisdiction or stay refused
Legal Topics
Lis Pendens, Jurisdiction Under Brussels I Recast, Direct Actions Against Insurers, Aggravation Claims, Recognition and Enforcement of Judgments
Private International Law Civil Procedure Insurance Law Lis Pendens Jurisdiction Under Brussels I Recast Direct Actions Against Insurers Aggravation Claims Recognition and Enforcement of Judgments

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Parties

Derrick Tate

Claimant

Allianz IARD SA

Defendant

Procedural Posture

Application to Dismiss or Stay Action (jurisdiction/lis Pendens) / High Court (queen's Bench Division) Judgment on Application

Legal Issues

  1. 1 Whether there is a pending action (lis pendens) in the French courts under Articles 29 or 30 of Brussels I Recast
  2. 2 Whether the French and English proceedings involve the same cause of action and same parties for the purposes of Articles 29 and 30
  3. 3 Whether the English court must decline jurisdiction or stay the action

Ratio Decidendi

There is no pending action in the French courts as the previous proceedings were terminated by final judgment; the French and English proceedings do not involve the same cause of action; and there is no risk of irreconcilable or inconsistent judgments. Therefore, Articles 29 and 30 of Brussels I Recast do not apply and the application to decline jurisdiction or stay the action is refused.

Court Disposition

Application to decline jurisdiction or stay refused

Orders

  • The Defendant's application to dismiss or stay the action is refused.