UCP Plc v Nectrus Ltd

UCP Plc v Nectrus Ltd

The English court has jurisdiction under Article 25 of Brussels I Regulation Recast by virtue of the non-exclusive jurisdiction clause in the IMA. There is no discretion to stay or decline jurisdiction in favour of the Isle of Man. Even if common law principles applied, Nectrus failed to demonstrate overwhelming or very strong reasons to depart from the parties' contractual choice of forum, nor did it establish that the Isle of Man is a clearly more appropriate or available forum for the claim. The existence of parallel proceedings and connections to the Isle of Man do not outweigh the contractual agreement or justify a stay.

Parties
Claimant: UCP Plc; Defendant: Nectrus Limited
Jurisdiction
England and Wales
Judgment Date
21 February 2018
Procedural Posture
Commercial Court Application (jurisdiction Challenge) / Ruling on Defendant's Application to Decline/stay Jurisdiction
Outcome
Application dismissed
Legal Topics
Jurisdiction, Forum Non Conveniens, Non Exclusive Jurisdiction Clauses, Brussels I Regulation Recast, Lis Alibi Pendens
Civil Procedure Commercial Law Conflict of Laws Jurisdiction Forum Non Conveniens Non Exclusive Jurisdiction Clauses Brussels I Regulation Recast Lis Alibi Pendens

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Parties

UCP Plc

Claimant

Nectrus Limited

Defendant

Procedural Posture

Commercial Court Application (jurisdiction Challenge) / Ruling on Defendant's Application to Decline/stay Jurisdiction

Legal Issues

  1. 1 Whether the English court should decline or stay its jurisdiction in favour of the Isle of Man under CPR 11(b) and related rules
  2. 2 Effect of a non-exclusive jurisdiction clause under Article 25 of Brussels I Regulation Recast
  3. 3 Whether the Isle of Man is a clearly more appropriate forum

Ratio Decidendi

The English court has jurisdiction under Article 25 of Brussels I Regulation Recast by virtue of the non-exclusive jurisdiction clause in the IMA. There is no discretion to stay or decline jurisdiction in favour of the Isle of Man. Even if common law principles applied, Nectrus failed to demonstrate overwhelming or very strong reasons to depart from the parties' contractual choice of forum, nor did it establish that the Isle of Man is a clearly more appropriate or available forum for the claim. The existence of parallel proceedings and connections to the Isle of Man do not outweigh the contractual agreement or justify a stay.

Court Disposition

Application dismissed

Orders

  • The defendant's application to decline or stay the jurisdiction of the English court is dismissed.