Lis Pendens in UK Law

Leading Cases
  • Lucasfilm Ltd v Ainsworth
    • Court of Appeal (Civil Division)
    • 16 Dic 2009

    We do not have decide whether that was correct, though we note that, if he his right, there is this oddity: that there is a clear lis pendens rule, with associated court first seized rule, for parallel cases within the EU but none for parallel cases where one is running within an EU Member State and one without. What Barling J did not decide was that Art. 2 conferred extra-EU subject matter jurisdiction generally.

  • Credit Agricole Indosuez v UNICOF Ltd and Others
    • Queen's Bench Division (Commercial Court)
    • 04 Nov 2003

    Although there are connecting factors with Kenya to which I refer later in this judgment, if proceedings are going on in this jurisdiction on the self-same or linked issues, this is clearly the most appropriate forum for those common and connected issues to be tried between all relevant parties.

  • Mittal v Mittal
    • Court of Appeal (Civil Division)
    • 18 Oct 2013

    I therefore agree with both the decision and the reasoning of Ms Lucy Theis QC in JKN v JCN (Divorce: Forum) [2010] EWHC 843 (Fam) [2011] 1 FLR 826 at [149] (ii). It is not necessary for us to be drawn into a wider debate (which Ms Theis also considered) on the extent to which Owusu v Jackson applies to the Judgments Regulation; and anything I might say on that topic would be simply obiter.

  • Dresser UK Ltd v Falcongate Freight Management Ltd (Sub nom Duke of Yare)
    • Court of Appeal (Civil Division)
    • 19 Jul 1991

    The most obvious exception is where an actual exercise of jurisdiction (as by the granting of a Mareva injunction or the making of an Anton Piller order or the arrest of a vessel) precedes service: plainly the court is seised of proceedings when it makes an interlocutory order of that kind.

  • Heywood v BDC. Properties Ltd (No 2)
    • Court of Appeal
    • 04 May 1964

    What does arise is this: has the court any jurisdiction under the section to vacate the registration? Mr. Justice Plowman thought that he had not; and I think he was perfectly right. It seems to me that the section does not provide for doing anything of the kind in these sort of circumstances.

  • Neste Chemicals SA and Others (Plaintiff/Appellant) v DK Line SA and Another
    • Court of Appeal (Civil Division)
    • 25 Mar 1994

    The analysis of the problem must start with the language of Article 21. The Brussels Convention does not contain the traditional English discretionary principle of lis alibi pendens. As between the courts of two Contracting States having jurisdiction under the scheme of the Convention, a rule dependent on strict chronological priority was adopted. Commentators have variously described the rule as rigid, mechanical and crude.

  • Ferrexpo AG v Gilson Investments Ltd and Ors
    • Queen's Bench Division (Commercial Court)
    • 03 Abr 2012

    The connection between the principle of forum non conveniens and the principle of lis alibi pendens is undeniable, and was recognised by Hobhouse J in S & W Berisford Plc v New Hampshire Co, [1990] 2 All ER 321 at p.331j and Potter J at Arkwright Mutual Insurance Co v Bryanston Insurance Co Ltd, [1990] 2 All ER 335 at p.347 (as well as Barling J in the Catalyst case).

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Legislation
  • Lis. Pendens Act 1867
    • UK Non-devolved
    • 1 de Enero de 1867
  • Judgments (Ireland) Act 1844
    • UK Non-devolved
    • 1 de Enero de 1844
    ... Anno Regni VICTORI, Britanniarum Regin,Septimo & Octavo. An Act for the Protection of Purchasers against Judgments, Crown Debts, Lis Pendens, and Commissions of Bankruptcy; and for providing One Office for the registering of all Judgments in Ireland . ; and for amending the Laws in ......
  • Judgment Mortgage (Ireland) Act 1850
    • UK Non-devolved
    • 1 de Enero de 1850
    ......  And whereas an Act was passed in the Eighth Year of Her Majesty, intituled An Act for the Protection of Purchasers against Crown Debts, Lis Pendens, and Commissions of Bankruptcy, and for providing One Office for the registering of all Judgments in . Ireland, and for amending the Laws in . ......
  • Chancery (Ireland) Act 1867
    • UK Non-devolved
    • 1 de Enero de 1867
    ......S-127 . Special Cases to be a Lis pendens, and may be registered. 127 Special Cases to be a Lis pendens, and may be registered. . 127. The filing of a Special Case and the entering of ......
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Books & Journal Articles
  • Parallel Proceedings in Investor‐State Treaty Arbitration: Responses for Treaty‐Drafters, Arbitrators and Parties
    • Núm. 73-4, Julio 2010
    • The Modern Law Review
    Parallel investment treaty arbitrations present a demonstrated risk of inconsistent awards. This article examines several ameliorative responses to parallel investment treaty proceedings, executabl...
    ......See A. Reinisch,‘The Use and Limits of Re s Judicata and Lis Pendens as Procedural Toolsto Avoid Con£icting Dispute Settlement Outcomes ’ ( 2004) 3 The Law and Practiceof Internatio nal Courts andTri bunals ......
  • The Hague Convention on Jurisdiction and Judgments: The Way Forward
    • Núm. 66-4, Julio 2003
    • The Modern Law Review
    This article analyses the proposed Hague Convention on Jurisdiction and Judgments, which has been the subject of lengthy and ongoing negotiations. The issues that continue to divide the parties cen...
    ......It contains a strict and inflexible lis pendens rule based on the court which is first seized of a matter. It precludes any court from exercising jurisdiction against a defendant domiciled in a ......
  • Parallel Proceedings in Germany: Problems and Solutions
    • Núm. 9-1, Marzo 2001
    • Journal of Financial Crime
    • 71-78
    This paper examines the problems of parallel proceedings against financial intermediaries, and the solutions offered by German law. The first part identifies the practical problems and principal qu...
    ...... proceeding s o f th e sam e kin d an d o n th e sam e subjec t matte r ar e barre d b y virtu e o f th e rule s o f lis pendens, an d res judicata, respectively , proceeding s o f a differen t kin d ca n ru n parallel . Nevertheless , eve n i f the y hav e ......
  • Notes of Cases
    • Núm. 47-4, Julio 1984
    • The Modern Law Review
    ...... The problem now lies in making clear the foundation of the jurisdiction being exercised. PETER BENNETT* LIS ALIBI PENDENS AND THE DISCRETION TO STAY IN The Abidin Daver’ the House of Lords had to consider what influence upon the exercise of ......
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Law Firm Commentaries
  • Swedish Court of Appeal Upholds Conflicting Award in Parallel BIT Arbitration Proceedings
    • Mondaq United Kingdom
    ......the Czech Republic's arbitrator had been excluded from the Tribunal's deliberations; and. the Tribunal had lacked jurisdiction due to lis pendens and res judicata. Since the seat of the arbitration had been Stockholm, the Swedish Court of Appeal decided that the Award should be ......
  • Third State jurisdiction clause respected – Owusu considered
    • JD Supra United Kingdom
    To what extent, if at all, does the English court have discretion to decline jurisdiction over proceedings commenced on the basis of domicile of the defendant, if the appropriate forum is a third s...
    ...... to stay its proceedings on forum non conveniens grounds and that, moreover, exclusive jurisdiction clauses and the principle of lis abibi pendens are no more than constituent factors in the wider principle of forum non conveniens. Plaza argued that, notwithstanding the exclusive Australian ......
  • The Recast Brussels Regulation: Enhancing The Effectiveness Of Jurisdiction Agreements
    • Mondaq United Kingdom
    ......The strategy is aimed at delay and obstruction, and at taking advantage of the strictly applied lis pendens rule in Article 27. In Research in Motion v. Visto Corporation [2008] EWCA Civ153, the Court of Appeal noted that:. "much ingenuity is expended on ......
  • Jurisdiction After Exit Day: What Does The Draft Withdrawal Agreement Tell Us?
    • Mondaq UK
    ......Those Articles contain some of the Brussels Recast's lis pendens provisions, in particular involving (i) same cause of action, same parties (Article 29), (ii) related actions (Article 30); and (iii) exclusive ......
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