Tavoulareas v Tsavliris and Anr - Court of Appeal (Thorpe and Mance LJJ and Evans-Lombe J) - 5 February 2004

Conflict of laws - Identical proceedings brought in England and in Greece - Whether English or Greek court first seised within meaning of Article 21 Brussels Convention - Date on which Greek proceedings became "definitively pending"

On 7 November 2001 the claimant issued proceedings in England against the defendants for sums allegedly due. The proceedings were served on the defendants in England on 24 December 2001 and 23 November respectively. On 8 November 2001 the defendants issued proceedings in Greece for a declaration that the defendants were not liable to the claimant. The document lodged to initiate the Greek proceedings alleged, incorrectly, that the claimant was resident in London. The claimant in fact resided in the USA and had not resided in London for many years.