Stay of proceedings on grounds of concurrent proceedings—no set-off clause (Lotus Cars Ltd v Marcassus Sport S.A.R.L.)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Commercial analysis: The case concerns an application by Marcassus for a stay of proceedings in England on the grounds that proceedings had already been commenced by Marcassus against Lotus in Toulouse, France. The substantive argument concerned the applicability of Articles 29 and 30 of Regulation 1215/2012 (EU), Brussels I (recast), namely whether the case in France concerned the same cause of action or a related action as that in England. In rejecting the application of Marcassus, Phillips J also considered the construction and significance of the no set-off clause in the contracts between the parties and the general principles applicable to such clauses. Written by Lynne Counsell, barrister at 9 Stone Buildings.