Smith's Vitamins and Herbs Ltd v Ceprodi Compagnie Europeenne De Produits Dietetiques SA [2010] EWHC 1025 (QB) (22 March 2010)
There was no sufficient risk of irreconcilable judgments between the English and French proceedings to justify a stay under Article 28.3, as the issues in the two actions were distinct and the claimant undertook not to raise its claims in the French court.
- Citation
- [2010] EWHC 1025
- Parties
- Claimant/appellant: Smith's Vitamins and Herbs Limited; Defendant/respondent: Ceprodi Compagnie Europeenne de Produits Dietetiques SA
- Jurisdiction
- England and Wales
- Judgment Date
- 22 March 2010
- Procedural Posture
- Appeal / Judgment on Appeal Against Stay Order
- Outcome
- appeal allowed
- Legal Topics
- Jurisdiction, Stay of Proceedings, Brussels Regulation, Related Actions, Risk of Irreconcilable Judgments
Case Brief
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Parties
Smith's Vitamins and Herbs Limited
Claimant/appellant
Ceprodi Compagnie Europeenne de Produits Dietetiques SA
Defendant/respondent
Procedural Posture
Appeal / Judgment on Appeal Against Stay Order
Legal Issues
- 1 Whether the English proceedings should be stayed under Article 28 of Regulation 44/2001 due to related proceedings in France
- 2 Whether there is a real risk of irreconcilable judgments justifying a stay
Ratio Decidendi
There was no sufficient risk of irreconcilable judgments between the English and French proceedings to justify a stay under Article 28.3, as the issues in the two actions were distinct and the claimant undertook not to raise its claims in the French court.
Court Disposition
appeal allowed
Orders
- Master's order staying proceedings set aside
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