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31 January 2008
Issue: 7306 / Categories: Case law , Legal services , Law digest , In Court
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Civil litigation

Phillips v Symes [2008] UKHL 1, [2008] All ER (D) 152 (Jan)

The issue arose out of concurrent proceedings before the Swiss and English courts. The question was whether or not, in the light of the Swiss proceedings, the English court had to decline jurisdiction over the English proceedings and order a stay.

HELD The answer depended on which court had first been seised of proceedings within the meaning of Art 21 of the Lugano Convention. It is arguable that the court could simply have ordered, under CPR r 3.10(b), that the defendants were to be regarded as having been properly served.

 

However, a judge is entitled (under CPR r 6.9) to dispense with service of a claim form; this power is to be exercised sparingly and only in the most exceptional circumstances where it would have the effect of altering the priority of seisin.

 

Issue: 7306 / Categories: Case law , Legal services , Law digest , In Court
printer mail-details

MOVERS & SHAKERS

Birketts—four appointments

Birketts—four appointments

Firm expands partnership with four lateral hires across key practice areas

Harper James—Lottie Hugo

Harper James—Lottie Hugo

Commercial law firm announces appointment of corporate partner

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joins corporate and finance practice in British Virgin Islands

NEWS
Serial sperm donor Robert Albon has lost his bid for a declaration of paternity, ‘on the ground that to grant it would manifestly be contrary to public policy’
The government is considering wholesale reform of consumer class actions—the ‘opt-out’ collective claims certified by the Competition Appeals Tribunal (CAT)
A ‘sophisticated suspected fraud’ may have taken place at PM Law involving the improper removal and misuse of about £39.5m of client funds, the Solicitors Regulation Authority (SRA) has confirmed
The Serious Fraud Office (SFO) will invest in technology to catch tech-reliant fraudsters and handle voluminous case materials
Law firms enjoyed rapid growth in 2025, according to a Financial Benchmarking Survey, published by the Law Society last week
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