Lis Pendens in UK Law

  • The Abidin Daver
    • House of Lords
    • 26 January 1984
    ... ... proceeding in any jurisdiction other than England; nor had The Atlantic Star been treated as a case in which there was lis alibi pendens between the same parties, although technically the plaintiffs in the English action had taken a precautionary step in the Belgian court to forestall ... ...
  • Reichhold Norway ASA and Another v Goldman Sachs International (A Firm)
    • Court of Appeal (Civil Division)
    • 28 June 1999
    ... ... 38 In argument Mr Carr also placed reliance on the current doctrines governing cases on lis alibi pendens and forum non conveniens, both of which, he submitted, depended on showing disadvantage to the defendant from suit in this jurisdiction ... 39 In ... ...
  • Castanho v Brown & Root (U.K.) Ltd
    • House of Lords
    • 04 December 1980
    ... ... 24 (1) "lis alibi pendens", where the object is to prevent harassment: he cited as examples The Christiansborg (1885) 10 P.D. 141 , with especial reference to the ... ...
  • The Atlantic Star; Atlantic Star (Owners) v Bona Spes (Owners)
    • House of Lords
    • 10 April 1973
    ... ... , it will be seen that in all but a technical sense the merits of the dispute between the present parties are the subject matter of lis alibi pendens �but not technically so, since that subject-matter is to be debated alibi between non-identical parties. There has thus been set up the ... ...
  • De Dampierre v de Dampierre
    • House of Lords
    • 02 April 1987
    ... ... It follows that the jurisdiction conferred under the paragraph is concerned with cases of lis alibi pendens, whether the foreign jurisdiction has been invoked before or after the English jurisdiction. Next, exercise of the jurisdiction under the paragraph ... ...
  • The Hagen
    • Court of Appeal
    • 05 March 1908
    ... ... LORD ALVERSTONE C.J. , FARWELL and KENNEDY L.JJ ... Admiralty - Practice - Collision in Foreign Waters - Lis alibi pendens - Service out of Jurisdiction - Rules of the Supreme Court , Order XI. , r. 1 (g) ... A British ship, coming down the Elbe, came into ... ...
  • Société Nationale Industrielle Aerospatiale v Lee Kui Jak
    • Privy Council
    • 1987
    ... ... of play comes, in my view, too late to allow a real rather than a hypothetical possibility of proceedings both in Texas and Brunei (lis alibi pendens) to weigh in the balance.” ... He then turned to consider “personal or juridical advantages” redounding to the advantage of the plaintiffs by ... ...
  • Re Harrods (Buenos Aires) Ltd (No. 2)
    • Court of Appeal (Civil Division)
    • 19 December 1991
  • Canada Trust Company v Stolzenberg (No 2)
    • House of Lords
    • 12 October 2000
    ... ... This has other procedural consequences. Germany also has a domestic lis pendens rule, by which a defendant can object to the jurisdiction on the ground that proceedings between the same parties raising the same issue are pending ... ...
  • Commerzbank Aktiengesellschaft v Liquimar Tankers Management Inc. (Defendant/Applicant)
    • Queen's Bench Division (Commercial Court)
    • 03 February 2017
    ... ... 24 Among the lis pendens provisions of the Brussels Convention was Article 21: "Where proceedings involving the same cause of action and between the same parties ... ...
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