Stewart & Ors v Trafalgar House Steamship Company Ltd & Ors [2013] ScotCS CSOH_37 (05 March 2013)

Stewart & Ors v Trafalgar House Steamship Company Ltd & Ors [2013] ScotCS CSOH_37 (05 March 2013)

Jurisdiction is determined at the time the action is raised based on the pleadings, and once established, it persists regardless of subsequent abandonment of claims against anchor defendants. The Scottish Court of Session retains jurisdiction over the English-domiciled defendants.

Citation
[2013] ScotCS CSOH_37
Parties
Pursuers: Mary Adamson Lorimer Stewart and Others; First Defender: Trafalgar House Steamship Company Limited; First Defender: Bruce Alexander Mackay and David Paul Hudson (Liquidators of Trafalgar House Steamship Company Limited); Second Defender: British India Steam Navigation Company Limited
Jurisdiction
Scotland
Judgment Date
05 March 2013
Procedural Posture
Civil Action for Damages / Jurisdictional Challenge
Outcome
Defenders' plea of no jurisdiction repelled
Legal Topics
Jurisdiction, Perpetuatio Fori, Irreconcilable Judgments, Article 6.1 Regulation (ec) 44/2001
Civil Procedure Private International Law Jurisdiction Perpetuatio Fori Irreconcilable Judgments Article 6.1 Regulation (ec) 44/2001

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Mary Adamson Lorimer Stewart and Others

Pursuers

Trafalgar House Steamship Company Limited

First Defender

Bruce Alexander Mackay and David Paul Hudson (Liquidators of Trafalgar House Steamship Company Limited)

First Defender

British India Steam Navigation Company Limited

Second Defender

Procedural Posture

Civil Action for Damages / Jurisdictional Challenge

Legal Issues

  1. 1 Does the Scottish Court of Session retain jurisdiction over English-domiciled defendants after abandonment of claim against Scottish-domiciled anchor defendant?
  2. 2 Is jurisdiction determined at the time of raising the action or can it be lost subsequently?

Ratio Decidendi

Jurisdiction is determined at the time the action is raised based on the pleadings, and once established, it persists regardless of subsequent abandonment of claims against anchor defendants. The Scottish Court of Session retains jurisdiction over the English-domiciled defendants.

Court Disposition

Defenders' plea of no jurisdiction repelled

Orders

  • Court retains jurisdiction over remaining defenders
  • Action may proceed against English-domiciled defendants