Griffin Underwriting Ltd v Varouxakis (Free Goddess)

Griffin Underwriting Ltd v Varouxakis (Free Goddess)

The defendant's application to challenge jurisdiction was out of time and the court refused relief from sanctions. The defendant is therefore treated as having accepted the jurisdiction of the English court. Even if the application had been in time, the court would have had jurisdiction over the Accounting Claim but not the Lost GA Claim under Article 7(2), and the claim is not a matter relating to insurance under the Regulation.

Parties
Claimant: Griffin Underwriting Limited; Defendant: Ion G. Varouxakis
Jurisdiction
England and Wales
Judgment Date
28 November 2018
Procedural Posture
Commercial Court Claim / Jurisdictional Challenge and Application for Relief From Sanctions
Outcome
Defendant's jurisdictional challenge dismissed; relief from sanctions refused.
Legal Topics
Jurisdiction, Relief From Sanctions, Brussels Regulation, Inducement of Breach of Contract, General Average
Civil Procedure Private International Law Insurance Law Jurisdiction Relief From Sanctions Brussels Regulation Inducement of Breach of Contract General Average

Case Brief

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Parties

Griffin Underwriting Limited

Claimant

Ion G. Varouxakis

Defendant

Procedural Posture

Commercial Court Claim / Jurisdictional Challenge and Application for Relief From Sanctions

Legal Issues

  1. 1 Whether the defendant's application to challenge jurisdiction was in time
  2. 2 Whether relief from sanctions should be granted for late application
  3. 3 Whether the English court has jurisdiction under Article 7(2) of the Recast Brussels Regulation

Ratio Decidendi

The defendant's application to challenge jurisdiction was out of time and the court refused relief from sanctions. The defendant is therefore treated as having accepted the jurisdiction of the English court. Even if the application had been in time, the court would have had jurisdiction over the Accounting Claim but not the Lost GA Claim under Article 7(2), and the claim is not a matter relating to insurance under the Regulation.

Court Disposition

Defendant's jurisdictional challenge dismissed; relief from sanctions refused.

Orders

  • Defendant is treated as having accepted the jurisdiction of the English court.
  • Jurisdictional challenge dismissed.