Owners of cargo lately laden on board the ship Tatry v Owners of the ship Maciej Rataj (The Tatry)

Subject Matter

PRACTICE — Stay of proceedings — Jurisdiction under European Convention — Lis alibi pendens — Claim for declaration of non-liability in action in Holland — Subsequent action in England for damages — Incomplete identity of parties to two sets of proceedings — Whether proceedings “involving the same cause of action and between the same parties” — Whether court second seised to decline jurisdiction — Relationship between Brussels Convention and specialised conventions — Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 (as amended), arts 21, 22, 57

(Case C-406/92); EU:C:1994:400; [1999] QB 515; [1999] 2 WLR 181; [1995] All ER(EC) 229; [1995] 1 Lloyd's Rep 302; [1994] ECR I-5439, ECJ

SHIPPING — Conflict of laws — Forum conveniens — Damage to goods — Actions brought in Rotterdam and England — Whether proceedings in Rotterdam involving same cause of action as proceedings in England — Whether action to be stayed — Whether Rotterdam more appropriate forum — Whether specialised Convention preventing operation of Convention relating to jurisdiction — Civil Jurisdiction and Judgments Act 1982, Sch 1, arts 21, 22, 57 — Convention on Limitation of Liability for Maritime Claims 1976, art 6A

(Case C-406/92); EU:C:1994:400; [1999] QB 515; [1999] 2 WLR 181; [1995] All ER(EC) 229; [1995] 1 Lloyd's Rep 302; [1994] ECR I-5439, ECJ

Appellate History