Tate v Allianz Iard SA

Tate v Allianz Iard SA

There is no pending action in the French courts; neither the Boulogne nor the Douai judgments left any issues to be resolved or contained provisions akin to provisional damages or liberty to apply. The French and English proceedings do not involve the same cause of action, and there is no risk of irreconcilable or inconsistent judgments. Accordingly, Articles 29 and 30 of Brussels 1 recast do not apply, and the application to decline jurisdiction or stay the action is refused.

Parties
Claimant: Derrick Tate; Defendant: Allianz IARD SA
Jurisdiction
England and Wales
Judgment Date
27 November 2020
Procedural Posture
Application / Ruling on Application to Dismiss or Stay Proceedings
Outcome
Application refused
Legal Topics
Lis Pendens, Jurisdiction, Recognition and Enforcement of Judgments, Aggravation Claims, Res Judicata
Private International Law Civil Procedure Insurance Law Lis Pendens Jurisdiction Recognition and Enforcement of Judgments Aggravation Claims Res Judicata

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Parties

Derrick Tate

Claimant

Allianz IARD SA

Defendant

Procedural Posture

Application / Ruling on Application to Dismiss or Stay Proceedings

Legal Issues

  1. 1 Whether there is a pending action in the French courts for purposes of Articles 29 and 30 of Brussels 1 recast
  2. 2 Whether the French and English proceedings involve the same cause of action and are between the same parties
  3. 3 Whether the risk of irreconcilable or inconsistent judgments exists

Ratio Decidendi

There is no pending action in the French courts; neither the Boulogne nor the Douai judgments left any issues to be resolved or contained provisions akin to provisional damages or liberty to apply. The French and English proceedings do not involve the same cause of action, and there is no risk of irreconcilable or inconsistent judgments. Accordingly, Articles 29 and 30 of Brussels 1 recast do not apply, and the application to decline jurisdiction or stay the action is refused.

Court Disposition

Application refused

Orders

  • The Court refuses the Defendant's application to dismiss or stay the proceedings.