SCOR SE v Barclays Bank Plc

SCOR SE v Barclays Bank Plc

The English and French proceedings are related within the meaning of Article 30, but as they cannot be consolidated and tried together, and there is no compelling reason for a stay, the application for a stay is refused. The degree of relatedness is limited, the risk of inconsistent judgments is not substantial, and a stay would cause prejudice to SCOR.

Parties
Claimant: SCOR SE; Defendant: Barclays Bank PLC
Jurisdiction
England and Wales
Judgment Date
30 January 2020
Procedural Posture
Commercial Court Application / Interlocutory Application for Stay Pending Outcome of Related French Proceedings
Outcome
Application for stay refused
Legal Topics
Stay of Proceedings, Related Actions Under Brussels Regulation, Jurisdiction, Case Management Discretion
Civil Procedure Private International Law Conflict of Laws Stay of Proceedings Related Actions Under Brussels Regulation Jurisdiction Case Management Discretion

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Parties

SCOR SE

Claimant

Barclays Bank PLC

Defendant

Procedural Posture

Commercial Court Application / Interlocutory Application for Stay Pending Outcome of Related French Proceedings

Legal Issues

  1. 1 Whether the English proceedings should be stayed under Article 30 of Regulation (EU) 1215/2012 (Recast Regulation) or the Court's inherent jurisdiction pending the outcome of related French proceedings
  2. 2 Whether the English and French proceedings are 'related actions' within the meaning of Article 30
  3. 3 Whether there is a compelling reason to grant a stay

Ratio Decidendi

The English and French proceedings are related within the meaning of Article 30, but as they cannot be consolidated and tried together, and there is no compelling reason for a stay, the application for a stay is refused. The degree of relatedness is limited, the risk of inconsistent judgments is not substantial, and a stay would cause prejudice to SCOR.

Court Disposition

Application for stay refused

Orders

  • No stay of the English proceedings is granted; proceedings to continue in the Commercial Court