Reflections on Owusu: The Radical Decision in Ferrexpo

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Abstract:

The focus of this article is an examination of the recent and radical case of Ferrexpo, in which it was confirmed for the very first time that the English Court is entitled to apply certain provisions of the Brussels I Regulation "reflexively" in accordance with jurisprudence of the European Court of Justice, so as to determine whether a case before it may be stayed in favour of the courts of a non-Member State. That case also affirmed that the English Court could have direct recourse to a stay on the basis of its “domestic” powers in relation to case management and/or abuse of process. Perhaps most significantly, the Judge held that these orders were wholly consistent with the controversial decision of the ECJ in Owusu v Jackson. The article also considers how this sensible and pragmatic approach leaves the issue ripe for further consideration by the ECJ.

Document Type: Research Article

DOI: http://dx.doi.org/10.5235/JPRIVINTL.8.2.389

Publication date: August 1, 2012

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