Castanho v. Brown & Root (UK) Ltd. & Anr. - Lord Denning, M.R., Lord Justice Shaw and Lord Justice Brandon - C.A. - Apr. 22, 1980

English and Texan proceedings - Whether notice of discontinuance of English proceedings should be struck out

The appellant, Castanho, a Portuguese worker, had been rendered quadraplegic in an accident while working on the respondents’ supply vessel in the North Sea. An action had been started in England and interim payments had been made to the appellant. Texan lawyers had persuaded Castanho to sign a power of attorney in order that they could bring an action (on a contingency fee basis) in Texas, the respondents being a multinational company based in Texas. Notice of discontinuance of the English action under R.S.C., O.21, r.2 was served within the time limit laid down by that order.