Lloyd's Law Reporter
WECO PROJECTS APS V LORO PIANA AND OTHERS
[2020] EWHC 2150 (Comm), Queen's Bench Division, Commercial Court, Christopher Hancock QC (sitting as a High Court Judge), 5 August 2020
Conflict of laws – Exclusive jurisdiction clause – Lis alibi pendens – Meaning of expression contract of transport – Close connection between claims – Himalaya clause – Brussels Regulation Recast, Council Regulation 1215/2012/EU, articles 17, 18, 19, 25, 29, 31 – Consumer Rights Act 2015
Mr Loro Piana (LP)’s yacht My Song, owned by the company Credem (C), was to be transported from Antigua to Genoa on board another vessel but was lost overboard. The yacht was transported under a booking note created by P & M Srl (PMS) and issued by its principal P & M Ltd (PML). It incorporated the Heavy Lift Rider Conditions and the standard terms of the British Institute of Forwarding Agents, and contained two exclusive jurisdiction clauses, both providing for English law and court jurisdiction. PML, procured a sea waybill from the carrier, with which it also had a contract of affreightment. The claimant, Weco, was the bareboat charterer of the carrying vessel. Its time charter formed the start of the chain of charterparties ending with the contract of affreightment to PML. On 14 June 2019, Mr LP commenced proceedings against PML and PMS in Milan. Weco then commenced the present proceedings on 27 June 2019 seeking negative declaratory relief against Mr LP, C and PML. PML then commenced Part 20 proceedings against Mr LP and C, also seeking negative declaratory relief. PMS also commenced proceedings against Mr LP and C seeking negative declaratory relief. On 13 May 2020, Mr LP commenced proceedings against the carrier and Weco in Genoa. This was the application whereby the defendants in the two sets of proceedings sought the setting aside of service on the grounds that the English courts did not have jurisdiction to hear the claims.