SABBAGH V KHOURY AND OTHERS

[2014] EWHC 3233 (Comm), Queen's Bench Division, Commercial Court, Mrs Justice Carr, 10 October 2014

Conflict of laws - Jurisdiction - Joinder of parties to proceedings - Whether risk of irreconcilable judgments - Brussels Regulation, article 6 - Permission to serve out of the jurisdiction - Necessary and proper party - Civil Procedure Rules, Practice Direction 6B, para 3.1(3)

Two claims were brought by the claimant against various family members alleging misappropriation of assets and deprivation of shares. The action was brought against W, who was domiciled in England, in accordance with the domicile rule in article 2 of the Brussels Regulation. Other defendants, not domiciled in England but domiciled elsewhere in the EU, were joined under article 6 of the Brussels Regulation which allows joinder of defendants if the claims against them are so closely connected with the main claim that it was expedient to hear them together. One further defendant, HH, not domiciled in the EU, was joined under CPR Practice Direction 6B, para 3.1(3) to the share deprivation claim on the basis that HH was a necessary and proper party to the litigation.