PRACTICE

Proceedings commenced in Greece and England - Greek court first seised because service in London valid - Brussels convention conferring exclusive jurisdiction on issues concerning informally constituted English partnershipPhillips and ors v Symes and anr: ChD (Mr Justice Hart): 9 July 2001The claimants issued proceedings in England alleging the existence of an informal partnership.

The first defendant simultaneously issued proceedings in Greece concerning the same subject matter.

The defendant sought a stay of the English proceedings under article 21 of the Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 on the ground that the Greek court was first seised of the matter.Alan Steinfeld QC, John Stephens, Jessica Chappell and Joe Smouha (instructed by Lane & Partners) for the claimants.

Murray Rosen QC, Matthew Collings and Stephen Tudway (instructed by Lovells) for the defendants.Held, granting the application in part, that a court was seised of an action for the purpose of article 21 if proceedings were definitively pending; that proceedings were definitively pending once they had been served on the defendant; that service of the Greek proceedings on the claimants at their firm's London offices constituted good service for the purpose of article 21 and Civil Procedure Rules 1998, rule 6.2.(1) even though they were not being sued in their capacity as proprietors of that firm; that an 'association of legal persons' for the purposes of article 16(2) of the Brussels Convention included an English partnership recognised by section 1 of the Partnership Act 1890 even if it was not formally constituted; that therefore since certain aspects of the case had as their object the validity or existence of an informal partnership and the working out of the consequences of its dissolution those aspects came within article 16(2) which conferred exclusive jurisdiction on the English court; but that the remaining issues were within the exclusive jurisdiction of the Greek court first seised of them.