Misland (Cyprus) Investments Ltd & Amor v McKillen & Anor

Misland (Cyprus) Investments Ltd & Amor v McKillen & Anor

Coroin Limited is not a nominal defendant but a proper party with a real interest in the proceedings. The claims against Mr McKillen and Coroin are closely connected, and there is a real risk of irreconcilable judgments if tried separately. The requirements of Article 6(1) of the Brussels Regulation are satisfied, and the application to appeal is dismissed.

Parties
Claimant: Misland (Cyprus) Investments Limited; Claimant: Ellerman Corporation Limited; Claimant: B Overseas Limited; Claimant: Derek Quinlan; Defendant: Patrick McKillen; Defendant: Coroin Limited
Jurisdiction
England and Wales
Judgment Date
25 November 2014
Procedural Posture
Civil Commercial/company Law / Application for Permission to Appeal; Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Jurisdiction Under Brussels Regulation Article 6(1), Declaratory Relief, Anchor Defendant, Shareholder Agreements, Enforceability of Security, Risk of Irreconcilable Judgments
Company Law Conflict of Laws Civil Procedure Jurisdiction Under Brussels Regulation Article 6(1) Declaratory Relief Anchor Defendant Shareholder Agreements Enforceability of Security +1 more

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Parties

Misland (Cyprus) Investments Limited

Claimant

Ellerman Corporation Limited

Claimant

B Overseas Limited

Claimant

Derek Quinlan

Claimant

Patrick McKillen

Defendant

Coroin Limited

Defendant

Procedural Posture

Civil Commercial/company Law / Application for Permission to Appeal; Judgment on Appeal

Legal Issues

  1. 1 Whether Coroin Limited is a proper anchor defendant for Article 6(1) of the Brussels Regulation
  2. 2 Whether there is a genuine claim against Coroin Limited
  3. 3 Whether the requirements of Article 6(1) are met to establish jurisdiction over Mr McKillen

Ratio Decidendi

Coroin Limited is not a nominal defendant but a proper party with a real interest in the proceedings. The claims against Mr McKillen and Coroin are closely connected, and there is a real risk of irreconcilable judgments if tried separately. The requirements of Article 6(1) of the Brussels Regulation are satisfied, and the application to appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed; Master Bowles's decision affirmed