Mad Atelier International BV v Manes [2020] EWHC 1014 (Comm) (28 April 2020)

Mad Atelier International BV v Manes [2020] EWHC 1014 (Comm) (28 April 2020)

The application for strike out and/or summary judgment is refused because the French judgment does not give rise to issue estoppel under English law, as French law does not treat the relevant issues as preclusive. There is no abuse of process, and the claims have a real prospect of success. The application for a case management stay is also refused as there is no sufficient basis to delay the English proceedings pending the French appeal.

Citation
[2020] EWHC 1014 (Comm)
Parties
Claimant: MAD Atelier International B.V.; Defendant: Mr Axel Manes
Jurisdiction
England and Wales
Judgment Date
28 April 2020
Procedural Posture
Commercial Court Claim (breach of Contract, Summary Judgment/strike Out Application) / Interlocutory Application (strike Out/summary Judgment/case Management Stay)
Outcome
Applications for strike out, summary judgment, and case management stay refused.
Legal Topics
Issue Estoppel, Res Judicata, Abuse of Process, Summary Judgment, Joint Venture Disputes, Foreign Judgments, Breach of Contract, Good Faith in Contracts
Commercial Law Contract Law Conflict of Laws Civil Procedure Issue Estoppel Res Judicata Abuse of Process Summary Judgment +4 more

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Parties

MAD Atelier International B.V.

Claimant

Mr Axel Manes

Defendant

Procedural Posture

Commercial Court Claim (breach of Contract, Summary Judgment/strike Out Application) / Interlocutory Application (strike Out/summary Judgment/case Management Stay)

Legal Issues

  1. 1 Whether the English proceedings are precluded by issue estoppel or abuse of process due to the prior French judgment
  2. 2 Whether the claims should be struck out or summarily dismissed for lack of real prospect of success
  3. 3 Whether a case management stay should be granted pending the French appeal

Ratio Decidendi

The application for strike out and/or summary judgment is refused because the French judgment does not give rise to issue estoppel under English law, as French law does not treat the relevant issues as preclusive. There is no abuse of process, and the claims have a real prospect of success. The application for a case management stay is also refused as there is no sufficient basis to delay the English proceedings pending the French appeal.

Court Disposition

Applications for strike out, summary judgment, and case management stay refused.

Orders

  • The claim is to proceed to trial.
  • The Defendant's deadline for filing a Defence is extended to 28 days after this judgment.