In FKI Engineering Ltd and another v Dewind Holdings Ltd and another – Butterworths Law Direct 26.1.07 there were parallel proceedings in England and Germany and the second Defendant made an application asking the English court to decline jurisdiction: it applied for a declaration that the court had no jurisdiction against it and for orders setting aside service and dismissing the action. The Claimants relied on art 6(1) of Council Regulation (EC) 44/2001. Alternatively the Defendants argued that the claims fell within art 22(2) of the Regulation.
The Commercial Court held that the English and German claims were so closely connected that it was expedient to hear them together. The English claims had been instituted before the German proceedings; indeed, some of the claims in the German proceedings might have to be determined in England. The claim in England would involve all the same issues that arose in the German proceedings. The claim was of sufficient merit to represent a valid anchor claim, and there was a clear risk of an irreconcilable judgment.