Stuart Lunn v Antarctic Logistics Centre International (Pty) Limited
[2024] EWHC 1662 (KB)
Cape Intermediate Holdings Limited & Anor v Peter D Protopapas
6 November 2024
[2024] EWHC 2840 (Ch)
High Court
Two companies are fighting a court order from South Carolina that affects their assets. They want to present evidence about South Carolina law to the English court, which agreed because it's important to understand all the legal sides of this international dispute.
Key Facts
- •Cape Intermediate Holdings Limited and Cape Plc (claimants) seek permission to rely on expert evidence in expedited trial against Peter D Protopapas (defendant).
- •Defendant, appointed as receiver by a South Carolina court, is taking actions against claimants' assets and businesses worldwide.
- •Claimants argue South Carolina court lacks jurisdiction and seek declaratory and injunctive relief.
- •Defendant is not participating in English proceedings, but is actively pursuing actions in South Carolina.
- •Claimants seek expert evidence on South Carolina law from a former US judge to inform the English court's decision, considering the principle of judicial comity.
- •The trial is expedited and set for November 11, 2024.
Legal Principles
Judicial Comity
English Court's approach to international legal disputes
Restriction of Expert Evidence (CPR 35.1)
Civil Procedure Rule 35.1
Jurisdiction in Private International Law
Adams v Cape [1990] Ch 433
Outcomes
Application for permission to rely on expert evidence allowed.
The court found the expert evidence would assist in understanding the South Carolina legal context and applying the principle of judicial comity; the defendant's non-participation minimizes procedural prejudice; and the costs are deemed insignificant relative to the overall costs of the proceedings.