Mabey and Johnson Ltd v Danos & Ors

Mabey and Johnson Ltd v Danos & Ors

The action against Deryck A Gibson Ltd must be stayed due to the arbitration clause and section 9 of the Arbitration Act 1996. England is the appropriate forum for the claim against Deryck Gibson, and there are no rare or compelling circumstances justifying a stay of proceedings against him pending arbitration. The claims against the three human defendants should proceed together in England. DAG is entitled to its costs of the action, including the application for a stay.

Parties
Claimant: Mabey and Johnson Ltd; Defendant: Jonathan Laszlo Danos; Defendant: Barry Joyce; Defendant: Deryck A Gibson Ltd; Defendant: Deryck Gibson
Jurisdiction
England and Wales
Judgment Date
11 May 2007
Procedural Posture
Civil / Interlocutory Application Ruling
Outcome
Action stayed against Deryck A Gibson Ltd; action proceeds against Jonathan Laszlo Danos, Barry Joyce, and Deryck Gibson; application to set aside service out of jurisdiction on Deryck Gibson refused; stay against Deryck Gibson pending arbitration refused; DAG awarded costs.
Legal Topics
Stay of Proceedings, Arbitration Clause, Forum Non Conveniens, Fraud, Conspiracy, Service Out of Jurisdiction, Costs
Commercial Law Arbitration Civil Procedure Stay of Proceedings Arbitration Clause Forum Non Conveniens Fraud Conspiracy +2 more

Case Brief

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Parties

Mabey and Johnson Ltd

Claimant

Jonathan Laszlo Danos

Defendant

Barry Joyce

Defendant

Deryck A Gibson Ltd

Defendant

Deryck Gibson

Defendant

Procedural Posture

Civil / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the action against Deryck A Gibson Ltd should be stayed due to an arbitration clause
  2. 2 Whether the action against Deryck Gibson should be stayed pending arbitration
  3. 3 Whether England or Jamaica is the appropriate forum for the claim against Deryck Gibson

Ratio Decidendi

The action against Deryck A Gibson Ltd must be stayed due to the arbitration clause and section 9 of the Arbitration Act 1996. England is the appropriate forum for the claim against Deryck Gibson, and there are no rare or compelling circumstances justifying a stay of proceedings against him pending arbitration. The claims against the three human defendants should proceed together in England. DAG is entitled to its costs of the action, including the application for a stay.

Court Disposition

Action stayed against Deryck A Gibson Ltd; action proceeds against Jonathan Laszlo Danos, Barry Joyce, and Deryck Gibson; application to set aside service out of jurisdiction on Deryck Gibson refused; stay against Deryck Gibson pending arbitration refused; DAG awarded costs.

Orders

  • Order staying the action against Deryck A Gibson Ltd
  • Order refusing stay of action against Deryck Gibson