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“Tatry” / “Maciej Rataj”

6th Dec 1999

[1999] 2 WLR 181

Alistair Schaff Q.C. and Charles Priday sat before the European Court of Justice in the leading case involving Articles 21 and 22 of the Brussels Convention.

Practice – Stay of proceedings – Jurisdiction under European Convention – Lis alibi pendens – Claim for declaration of non-liability in action in Holland – Subsequent action in England for damages – Incomplete identity of parties to two sets of proceedings – Whether proceedings “involving the same cause of action and between the same parties” – Whether court second seised to decline jurisdiction – Relationship between Brussels Convention and specialised conventions