CATALYST INVESTMENT GROUP LTD V LEWINSOHN

[2009] EWHC 1964 (Ch), Chancery Division, Mr Justice Barling, 31 July 2009

Conflict of laws - Jurisdiction - Stay of proceedings - Parallel proceedings in England and the US - Defendant domiciled in England - Whether court had discretion to stay English proceedings - Council Regulation (EC) No 44/2001, regulation 2

Under article 2 of Council Regulation (EC) No 44/1002, a defendant must be sued in the member state of his domicile unless there is an exception in the Regulation which allows him to be sued in another member state. In Owusu v Jackson Case C-281/02 [2005] QB 801 it was held that a court cannot stay proceedings against a person domiciled in the forum on the grounds that an action could be more conveniently be brought in another country even though not a member state. In the present case the question was whether the same rule applied where there were parallel proceedings in another country (here, the US). The court held that it did, and that there was no power to stay on the ground of lis alibis pendens.