Decisions of British Courts During 2013 Involving Questions of Public or Private International Law: B. Private International Law

Abstract

1. Lis pendens involving claims to enforce settlement and jurisdiction agreements: Starlight Shipping Co v Allianz Marine & Aviation Versicherungs AG1 As noted last year, the total loss of The Alexandros T has led to complex litigation between its owners, insurers, and related parties. In England, interesting issues arose regarding the application of the lis pendens mechanism under the Brussels I Regulation to English proceedings the commercial purpose of which was to undo the financial harm caused by Greek proceedings commenced in breach of English settlement and jurisdiction agreements. This year, the case reached the Supreme Court. It overruled the Court of Appeal’s decision that the English proceedings were subject to a mandatory stay under Article 27 of the Regulation 2 and upheld the judge’s decision that the English proceedings were not to be stayed as a matter of discretion under Article 28. 3 Regarding Article 27, the Supreme...