Tavoulareas v Tsavliris & Ors

Tavoulareas v Tsavliris & Ors

Recognition of the Greek judgment is refused because the conditions of Article 34(2) are satisfied: the judgment was given in default of appearance, the defendant was not properly served with the proceedings in sufficient time and manner to arrange his defence, and he has now commenced proceedings to challenge the judgment. The Court of Appeal has already determined that service was not effected under Greek law and relevant conventions.

Parties
Claimant: Peter Tavoulareas; Defendant: George Tsavliris; Defendant: Andrew Tsavliris; Defendant: A. G. Tsavliris and Sons Maritime Company; Defendant: Tsavliris Salvage International Ltd; Defendant: Alexander G. Tsavliris and Sons Maritime Company
Jurisdiction
England and Wales
Judgment Date
09 March 2006
Procedural Posture
Commercial Court Application for Recognition of Foreign Judgment / Ruling on Application for Recognition of Greek Judgment Under Article 33 of Council Regulation (ec) No. 44/2001
Outcome
Application for recognition of Greek judgment dismissed
Legal Topics
Recognition and Enforcement of Foreign Judgments, Jurisdiction, Res Judicata, Issue Estoppel, Default Judgments, Lis Pendens, Service of Process
Civil Procedure International Private Law Commercial Law Recognition and Enforcement of Foreign Judgments Jurisdiction Res Judicata Issue Estoppel Default Judgments +2 more

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Parties

Peter Tavoulareas

Claimant

George Tsavliris

Defendant

Andrew Tsavliris

Defendant

A. G. Tsavliris and Sons Maritime Company

Defendant

Tsavliris Salvage International Ltd

Defendant

Alexander G. Tsavliris and Sons Maritime Company

Defendant

Procedural Posture

Commercial Court Application for Recognition of Foreign Judgment / Ruling on Application for Recognition of Greek Judgment Under Article 33 of Council Regulation (ec) No. 44/2001

Legal Issues

  1. 1 Should the English court recognise the Greek judgment under Article 33 of Council Regulation (EC) No. 44/2001?
  2. 2 Does Article 34(2) preclude recognition due to lack of proper service and default of appearance?
  3. 3 Is recognition precluded by public policy under Article 34(1)?

Ratio Decidendi

Recognition of the Greek judgment is refused because the conditions of Article 34(2) are satisfied: the judgment was given in default of appearance, the defendant was not properly served with the proceedings in sufficient time and manner to arrange his defence, and he has now commenced proceedings to challenge the judgment. The Court of Appeal has already determined that service was not effected under Greek law and relevant conventions.

Court Disposition

Application for recognition of Greek judgment dismissed

Orders

  • Recognition of the Greek judgment in both English actions is refused under Article 34(2) of Council Regulation (EC) No. 44/2001