The WLR Daily case summaries
[2022] WLR(D) 297
Queen’s Bench Division
Simon v Taché and others
[2022] EWHC 1674 (Comm)
2022 June 8; July 1
Judge Cawson QC sitting as a High Court judge
Conflict of laws— Jurisdiction under European Union Regulation— Court first seised— Defendants commencing proceedings against claimant in Belgium— Claimant obtaining permission to serve proceedings on defendants out of jurisdiction in Belgium and subsequently issuing English claim form on same cause of action— Defendants challenging jurisdiction— Whether Regulation applicable where Belgian but not English proceedings commenced prior to end of transition period for UK’s withdrawal from EU— Date on which English court to be deemed seised in proceedings for permission to serve out— Which court first seised— Whether court required to decline jurisdiction in favour of Belgian court—
Parliament and Council Regulation (EU) No 1215/2012, arts 29, 32
—
Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community
, art 67
Practice— Claim form— Service out of jurisdiction— Defendants commencing proceedings against claimant in Belgium— Claimant obtaining permission to serve proceedings on defendants out of jurisdiction in Belgium— Defendants challenging jurisdiction— Whether jurisdictional gateways applicable— Whether claimant having reasonable prospect of success— Whether England clearly appropriate forum—
CPR
rr 6.36–6.38, PD 6B, para 3.1