DR VÉRONIQUE MARIE ELISABETH SIMON v MS ANNE “ANOUK” TACHÉ & Ors

DR VÉRONIQUE MARIE ELISABETH SIMON v MS ANNE “ANOUK” TACHÉ & Ors

The Belgian court was first seised of proceedings involving the same cause of action as the English proceedings on 3 May 2021, before the English court was seised on 10 May 2021. Under Article 29 Brussels Recast, the English proceedings must be stayed pending determination of jurisdiction by the Belgian court. The...

Source-derived case information.

Parties
Claimant: Dr Véronique Marie Elisabeth Simon; Defendant: Ms Anne “Anouk” Taché; Defendant: Ms Carole Lévy; Defendant: Twig SRL
Jurisdiction
England and Wales
Judgment Date
01 July 2022
Procedural Posture
Commercial Court Claim / Ruling on Jurisdiction and Service Out Application
Outcome
Stay of English proceedings pending Belgian court's determination of jurisdiction; Service Out Order set aside if common law applies; Amendment Application stayed.
Legal Topics
Jurisdiction, Service Out of Jurisdiction, Forum Conveniens, Brussels Recast Regulation, EU UK Withdrawal Agreement, Consumer Rights, Constructive Trusts
Private International Law Civil Procedure Contract Law Jurisdiction Service Out of Jurisdiction Forum Conveniens Brussels Recast Regulation EU UK Withdrawal Agreement +2 more

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Parties

Dr Véronique Marie Elisabeth Simon

Claimant

Ms Anne “Anouk” Taché

Defendant

Ms Carole Lévy

Defendant

Twig SRL

Defendant

Procedural Posture

Commercial Court Claim / Ruling on Jurisdiction and Service Out Application

Legal Issues

  1. 1 Whether the English court has jurisdiction to hear the claim against Belgian defendants
  2. 2 Whether the English proceedings should be stayed under Articles 29 and 30 of Brussels Recast Regulation
  3. 3 Whether permission for service out of jurisdiction should have been granted

Ratio Decidendi

The Belgian court was first seised of proceedings involving the same cause of action as the English proceedings on 3 May 2021, before the English court was seised on 10 May 2021. Under Article 29 Brussels Recast, the English proceedings must be stayed pending determination of jurisdiction by the Belgian court. The claim does not satisfy most service out gateways, and England is not clearly the appropriate forum; Belgium is overwhelmingly more appropriate. Permission for service out should not have been granted.

Court Disposition

Stay of English proceedings pending Belgian court's determination of jurisdiction; Service Out Order set aside if common law applies; Amendment Application stayed.

Orders

  • English proceedings stayed under Article 29 Brussels Recast Regulation
  • Service Out Order, Claim Form, and service set aside if common law applies