Tag Archives: litigation tactics

ILN Today Post

Court bans abusive litigation tactics but for how long?

A welcome decision of the English High Court that potentially abusive litigation tactics cannot prevail could prove short-lived as a result of Brexit uncertainty.

The usual court first seized rule applies where claims are issued by disputing parties in the courts of two or more EU member states.  This means that all courts must stay their own proceedings until the court where the proceedings were brought first in time has determined whether it has jurisdiction.  It became possible to exploit this anomaly through a practice known as the “Italian torpedo”.  By commencing pre-emptive proceedings in Italy, lengthy delays in the Italian courts could severely delay the chosen court in proceeding to hear the claim.

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