Waterford Wedgewood Plc v David Nagli Ltd
| Jurisdiction | England & Wales |
| Judge | Charles Aldous |
| Judgment Date | 13 May 1998 |
| Date | 13 May 1998 |
| Court | Chancery Division |
Chancery Division
Jurisdiction - third-party claim not within Convention
A defendant's third-party claim against a person domiciled in a contracting state, which satisfied the requirements of Order 16, rule 1 of the Rules of the Supreme Court, would not necessarily be regarded as "any other third-party proceedings" within article 6(2) of the Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (1968).
Mr Charles Aldous, QC, sitting as a deputy judge of the Chancery Division, so held in a reserved judgment on April 8, when granting the application of the first third party, Mr Gabriel Haughton, to set aside a third-party notice served upon him by the second defendant, Mr David Nagli.
HIS LORDSHIP said that to bring the case within that article, the defendant had to show that it was expedient in the interests of justice and administration that the third-party proceedings should be heard by the same court that heard the main action.
Save in exceptional circumstances...
To continue reading
Request your trial
- IMAGINARIUM Trade Mark
-
Miller Brewing Company v Ruhi Enterprises Ltd and another
...goods is not determinative of the issue of whether he was an importer. If authority is needed for that, I would refer to Waterford Wedgwood PLC v. David Nagli Ltd. [1998] FSR 92 at 103 in the first full paragraph, per Sir Richard Scott, Vice 9769. In this case Mr. Isherwood ordered the bee......
-
Mastercigars Direct Ltd v Hunters & Frankau Ltd
...in the present Act, the entr�e is whether 'a person uses a sign in the course of trade'. In Waterford Wedgwood PLC v David Nagli Ltd [1998] FSR 92, a case where inter alia trade mark infringement was an issue, the question of knowledge and consent of the defendant to the inadvertent and unk......
-
Shekhar Dooma Shetty v Al Rushaid Petroleum Investment Company (a company incorporated under the Laws of the Kingdom of Saudi Arabia) and Others Thomas Anthony Caplis (Third Party) James MacDonald Wight (Fourth Party)
...and expressed the position thus: "I agree with the learned Deputy Judge [Mr Charles Aldous QC in Waterford Wedgwood plc v David Nagli Ltd [1998] FSR 92] that the purpose behind the special jurisdiction conferred by Art. 6(2) is to secure the rational and efficient disposal of trials and in ......
-
Accidents - Choice of Law and Jurisdiction
...BV [1990] ECR I-1845, CJEU. 83 CPR 1998, rule 20.9(1)(a) and (b). 84 Waterford Wedgewood Plc and Another v David Nagli Limited and Others [1998] FSR 92. 384 Saggerson on Travel Law and Litigation permission for the issue and service of those proceedings was given, the Master refused an appl......
-
Table of Cases
...Warner v Scapa Flow Charters [2018] UKSC 52, [2018] 1 WLR 4974, [2019] 2 All ER 1042 10.315 Waterford Wedgewood Plc v David Nagli Limited [1998] FSR 92, [1997] 7 WLUK 508, ChD 9.62–9.64 Table of Cases xlvii Watson v First Choice Holidays and Flights Limited [2001] EWCA Civ 972, [2002] ILPr ......
-
RATIONALISING AND SIMPLIFYING THE PRESUMPTION OF SIMILARITY OF LAWS
...of O 8 r 2(2)(c) of the Federal Court Rules 1976). 67[1999] QB 674. 68Alfred Dunhill v Sunoptic[1979] FSR 337; Waterford v David Nagli[1998] FSR 92. For a Singapore case, see OMG Holdings Pte Ltd v Pos Ad Sdn Bhd[2012] 4 SLR 69[2001] NSWCA 87. 70 The New South Wales Court of Appeal referred......