stay of proceedings – Page 6 – Current Awareness

Youell v La Reunion Aerienne – WLR Daily

Posted March 13th, 2009 in arbitration, EC law, jurisdiction, law reports, stay of proceedings by sally

Youell v La Reunion Aerienne [2009] EWCA Civ 175; [2009] WLR (D) 95

“Where a court could otherwise determine the substance of a claim, the mere fact that the claim was the subject of an arbitration agreement did not deprive the court of its jurisdiction under Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. What was critical was the nature of the claim.”

WLR Daily, 12th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

City of London v Sancheti – Times Law Reports

Posted December 1st, 2008 in arbitration, law reports, stay of proceedings by sally

City of London v Sancheti

Court of Appeal

“A stay of an arbitration could be obtained only against a party to that arbitration agreement or a person claiming through such a party; a legal or commercial connection was not sufficient.”

The Times, 1st December 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Mayor and Commonalty and Citizens of the City of London v Sancheti – WLR Daily

Posted November 25th, 2008 in arbitration, law reports, stay of proceedings by sally

Mayor and Commonalty and Citizens of the City of London v Sancheti [2008] EWCA Civ 1283; [2008] WLR (D) 364

“A stay under s 9 of the Arbitration Act 1996 could only be obtained against a party to an arbitration agreement or a person claiming through or under such a party and a mere legal or commercial connection was not sufficient.”

WLR Daily, 24th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Johns v Solent SD Ltd – Times Law Reports

Posted June 27th, 2008 in age discrimination, EC law, law reports, stay of proceedings by sally

Johns v Solent SD Ltd

Court of Appeal

“Where there was a reasonable chance that the Court of Justice of the European Communities might decide a case pending before it so as to give a plaintiff a good claim in the English courts, the sensible answer was to stay the hearing of the claimant’s case so that it would not be snuffed out before the European Court decision became known.”

The Times, 27th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Glaxo Group Ltd v Genentech Inc and Another – Times Law Reports

Posted February 21st, 2008 in law reports, patents, stay of proceedings by sally

Glaxo Group Ltd v Genentech Inc and Another

Court of Appeal

“The approach to a stay in European patent cases differed from a stay in ordinary commercial litigation because the possibility of parallel validity proceedings in national courts and in the European Patent Office was inherent in the legal arrangements in the European Patent Convention.”

The Times, 21st February 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Glaxo Group Ltd v Genentech Inc and another – WLR Daily

Posted February 1st, 2008 in law reports, patents, stay of proceedings by sally

Glaxo Group Ltd v Genentech Inc and another [2008] EWCA Civ 23; [2008] WLR (D) 21

WLR Daily, 31st January 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Kitfix Swallow Group Ltd v Great Gizmos Ltd – Times Law Reports

Posted December 19th, 2007 in law reports, stay of proceedings, trade marks by sally

Kitfix Swallow Group Ltd v Great Gizmos Ltd

“Where English trademark proceedings, in which there was a counterclaim for revocation, were running concurrently with validity proceedings in the Office for the Harmonisation in the Internal Market, there was no presumption that the English proceedings would be stayed.”

The Times, 19th December 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Kitfit Swallow Group Ltd v Great Gizmos Ltd – WLR Daily

Posted November 26th, 2007 in law reports, stay of proceedings, trade descriptions by sally

Kitfit Swallow Group Ltd v. Great Gizmos Ltd

“Where English trade mark proceedings in which there was a counterclaim for revocation were running concurrently with proceedings commenced in the Office for the Harmonisation in the Internal Market there was no presumption that the English proceedings would be stayed.”

WLR Daily, 23rd November 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Fiona Trust and Holding Corporation and Others v Privalov and Others – Times Law Reports

Posted October 25th, 2007 in arbitration, bribery, charterparties, jurisdiction, law reports, stay of proceedings by sally

Bribery dispute is within scope of charterparty

Fiona Trust and Holding Corporation and Others v Privalov and Others

House of Lords

“A dispute as to whether a charterparty contract had been validly rescinded for alleged bribery came within the scope of an arbitration term in the contract.”

The Times, 25th October 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Fili Shipping Co Ltd v Premium Nafta Products Ltd (on appeal from Fiona Trust and Holding Corpn v Privalov) – WLR Daily

Posted October 18th, 2007 in arbitration, bribery, charterparties, jurisdiction, law reports, stay of proceedings by sally

Fili Shipping Co Ltd v Premium Nafta Products Ltd (on appeal from Fiona Trust and Holding Corpn v Privalov) [2007] UKHL 40

“A dispute as to whether a charterparty contract could be rescinded for alleged bribery came within the scope of an agreement in the charterparty to submit to arbitration any dispute arising under the contract.”

WLR Daily, 17th October 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

A (Child)(Change of residence) – Times Law Reports

Posted June 27th, 2007 in children, law reports, stay of proceedings by sally

Appeal judges are always available

A (Child)(Change of residence)

Court of Appeal

“Court of Appeal judges were available out of hours for the consideration of an immediate stay of an order from the county court.”

The Times, 27th June 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Bentinck v. Bentinck – Times Law Reports

Posted April 12th, 2007 in conflict of laws, law reports, stay of proceedings by sally

Staying proceedings to save costs

Bentinck v. Bentinck

Court of Appeal

“Even when there was no error in a first-instance judgment in a family case concerning conflict of laws, it was not only open to the Court of Appeal, but incumbent upon it to avoid any further wastage of costs and stay the English proceedings until the foreign court had decided whether it was first seised of the matter.”

The Times, 12th April 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.