Legal News

Supreme Court—considers court jurisdiction and the application of articles 27 and 28 ('The Alexandros T')

Supreme Court—considers court jurisdiction and the application of articles 27 and 28 ('The Alexandros T')
Published on: 07 November 2013
Published by: LexisPSL
  • Supreme Court—considers court jurisdiction and the application of articles 27 and 28 ('The Alexandros T')
  • Practical implications
  • Court details
  • Facts
  • History of the proceedings
  • Issues to consider when determining whether art 27 applies
  • Findings on the facts
  • Recap of authorities
  • Issues to consider for a discretionary stay under art 28 apply?
  • Recap of test and authorities
  • More...

Article summary

DR Analysis: The Supreme Court has considered the application of arts 27 and 28 of the Judgments Regulation which consider the jurisdiction of the court where there are concurrent proceedings in another Member State. In both cases the Supreme Court refused to grant the stay of proceedings sought so reversing the decision of the Court of Appeal in relation to art 27 and upholding the analysis of the judge at first instance in relation to art 28. However, the judgment raises, what could, for practitioners, be pivotal issues without resolution as it was considered that the CJEU/ECJ authorities did not cover those particular issues. or take a trial to read the full analysis.

Popular documents