Samsung Electronics Co Limited & Ors v LG Display Co Ltd & Anor

Samsung Electronics Co Limited & Ors v LG Display Co Ltd & Anor

It would be manifestly unfair and an abuse of process to permit the Claimants to re-litigate the issue of whether England is the appropriate forum for the contribution claim, as the issue was previously determined between the same parties with no material distinction. Even if considered on the merits, England is not clearly the appropriate forum given the parties' connections to South Korea and the likelihood of parallel proceedings there.

Parties
Claimant: Samsung Electronics Co. Limited and others; Defendant: LG Display Co. Ltd and another
Jurisdiction
England and Wales
Judgment Date
03 February 2023
Procedural Posture
Commercial Contribution Claim (follow on Cartel Damages) / Jurisdictional Challenge (application to Set Aside Permission to Serve Out of Jurisdiction)
Outcome
Jurisdictional challenge allowed; permission to serve out of jurisdiction set aside
Legal Topics
Jurisdiction, Abuse of Process, Forum Non Conveniens, Contribution Claims, Issue Estoppel
Competition Law Civil Procedure Private International Law Jurisdiction Abuse of Process Forum Non Conveniens Contribution Claims Issue Estoppel

Case Brief

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Parties

Samsung Electronics Co. Limited and others

Claimant

LG Display Co. Ltd and another

Defendant

Procedural Posture

Commercial Contribution Claim (follow on Cartel Damages) / Jurisdictional Challenge (application to Set Aside Permission to Serve Out of Jurisdiction)

Legal Issues

  1. 1 Whether it is an abuse of process to re-litigate the issue of appropriate forum for a contribution claim between the same parties where there is no material distinction from a prior case
  2. 2 Whether England is clearly the appropriate forum for the claim for contribution under the Civil Liability (Contribution) Act 1978

Ratio Decidendi

It would be manifestly unfair and an abuse of process to permit the Claimants to re-litigate the issue of whether England is the appropriate forum for the contribution claim, as the issue was previously determined between the same parties with no material distinction. Even if considered on the merits, England is not clearly the appropriate forum given the parties' connections to South Korea and the likelihood of parallel proceedings there.

Court Disposition

Jurisdictional challenge allowed; permission to serve out of jurisdiction set aside

Orders

  • Ex parte order granting permission to serve proceedings out of the jurisdiction on the Defendants is set aside