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Brussels I (recast)—limits on the English court’s kompetenz-kompetenz where a foreign court’s date of seisin is in issue (Jamieson v Wurttemburgische Versicherung)

Brussels I (recast)—limits on the English court’s kompetenz-kompetenz where a foreign court’s date of seisin is in issue (Jamieson v Wurttemburgische Versicherung)
Published on: 09 February 2021
Published by: LexisPSL
  • Brussels I (recast)—limits on the English court’s kompetenz-kompetenz where a foreign court’s date of seisin is in issue (Jamieson v Wurttemburgische Versicherung)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Dispute Resolution analysis: Article 29(1) of Regulation (EU) 1215/2012, Brussels I (recast) provides that ‘any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.’ In a novel interpretation of Article 29(2), the court ruled that it imposed an exclusive statutory mechanism for resolving this question, viz, to ask the court in question. The English court was, therefore, unable to determine whether it was the ‘court first seised’ under Article 29(1), and thus whether it was appropriate to allow the claimant’s application to lift a previously agreed stay. The application was accordingly refused, pending the German court’s answer to a request for it to state the date of seisin. Written by Claudia Wilmot-Smith, barrister at Quadrant Chambers. or take a trial to read the full analysis.

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