Miles Platt Ltd. v Townroe Ltd. & Anor
The judicial expertise process in France was not substantive litigation between the same parties and did not trigger Article 21. The English and French proceedings were not so closely connected as to require a stay under Article 22. The Judge was correct to refuse a stay under both articles.
- Parties
- Appellant: Miles Platt Limited; Respondent: Townroe Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 13 February 2003
- Procedural Posture
- Civil Appeal / Appeal From High Court Judge
- Outcome
- Appeal dismissed
- Legal Topics
- Brussels Convention, Jurisdiction, Stay of Proceedings, Related Actions
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Miles Platt Limited
Appellant
Townroe Limited
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court Judge
Legal Issues
- 1 Whether the judicial expertise process in France constitutes proceedings involving the same cause of action and between the same parties under Article 21 of the 1968 Brussels Convention
- 2 Whether a stay should be imposed under Article 22 of the 1968 Brussels Convention due to related actions
Ratio Decidendi
The judicial expertise process in France was not substantive litigation between the same parties and did not trigger Article 21. The English and French proceedings were not so closely connected as to require a stay under Article 22. The Judge was correct to refuse a stay under both articles.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs agreed in the sum of £5,300.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment