Stephenson Harwood LLP v Medien Patentverwaltung AG [2020] EWCA Civ 1743 (17 December 2020)

Stephenson Harwood LLP v Medien Patentverwaltung AG [2020] EWCA Civ 1743 (17 December 2020)

MPV, by failing to make a timely application under CPR Part 11, is deemed to have accepted the jurisdiction of the English court to determine the stakeholder claim, including the entitlement to the monies held by Stephenson Harwood LLP. Submission to jurisdiction is limited to the stakeholder claim and does not extend to unrelated claims between rival claimants.

Citation
[2020] EWCA Civ 1743
Parties
Claimant: Stephenson Harwood LLP; Defendant/appellant: Medien Patentverwaltung AG; Defendant/respondent: Michael Kagan (as administrator of the estate of Irving Kagan)
Jurisdiction
England and Wales
Judgment Date
17 December 2020
Procedural Posture
Stakeholder Claim Under CPR Part 86 / Appeal From High Court to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Stakeholder Proceedings, Jurisdiction Challenge, CPR Part 86, CPR Part 11, Proprietary Claims, Constructive Trust, Equitable Lien
Civil Procedure Trusts and Equity Stakeholder Proceedings Jurisdiction Challenge CPR Part 86 CPR Part 11 Proprietary Claims Constructive Trust +1 more

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Parties

Stephenson Harwood LLP

Claimant

Medien Patentverwaltung AG

Defendant/appellant

Michael Kagan (as administrator of the estate of Irving Kagan)

Defendant/respondent

Procedural Posture

Stakeholder Claim Under CPR Part 86 / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Does CPR Part 11 apply to stakeholder claims under CPR Part 86?
  2. 2 What is the effect of failing to make a Part 11 application disputing jurisdiction?
  3. 3 Has MPV submitted to the jurisdiction by conduct?

Ratio Decidendi

MPV, by failing to make a timely application under CPR Part 11, is deemed to have accepted the jurisdiction of the English court to determine the stakeholder claim, including the entitlement to the monies held by Stephenson Harwood LLP. Submission to jurisdiction is limited to the stakeholder claim and does not extend to unrelated claims between rival claimants.

Court Disposition

appeal dismissed

Orders

  • MPV's appeal is dismissed
  • The court has jurisdiction to determine the stakeholder claim and direct payment of the monies