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Lloyd's Maritime Law Newsletter

Williams & Glyn’s Bank Ltd. v. Astro Dinamico Compania Naviera S.A. & anr. - Court of Appeal (Stephenson & Robert Goff L.JJ.) - 18 May 1983

Jurisdictional dispute - Whether hearing of application for proceedings to be stayed involves assumption that Court has jurisdiction to entertain the action

The plaintiff bank wished to enforce certain guarantees purportedly given on behalf of the defendants who were Greek owned Panamanian companies. The defendants alleged that the guarantees (which contained a provision whereby the defendants submitted to English jurisdiction) were null and void because the persons who had signed them had not been authorised to do so, and the documents which had been used to persuade the plaintiffs to accept those persons as authorised to sign on behalf of the defendants were forged. Apart from the present proceedings, proceedings had also been commenced by the defendants in Greece seeking declarations that the guarantees were void and of no effect.

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