High Court considers applicability of Article 24 of Brussels I (recast) regulation (Marriott v Fresson)

Article summary

Dispute Resolution analysis: On 25 September 2020, the High Court rejected an application by the first defendant (Mr Fresson) and the third defendant (PEV) (applicants) challenging the jurisdiction of the English court. The critical question was whether the proceedings fell within the scope of Article 24 of Brussels I (recast), which would have afforded exclusive jurisdiction to the Spanish courts if the proceedings ‘had as their object, the validity of the decisions of their organs’, or ‘the validity of entries in the public registers’. The judge followed the jurisprudence of the Court of Justice, in taking a strict interpretation of the regulation, and ruled that the principal subject matter of the claim was two agreements (subject to the exclusive jurisdiction of the English courts). The assertion of rights to be exercised as a shareholder was an ancillary matter which did not bring the dispute within the scope of Article 24. Written by Sarah Ellington, legal director,...