easyGroup Limited v Easy Rent A Car Limited & anr [2019] EWCA Civ 477
easyGroup commenced proceedings against a Cypriot company and its director for trade mark infringement and passing off. The Defendants had, by the time the English claim was issued, already commenced proceedings in the Cypriot court for declaratory and other relief to establish their right to continue to use their name and trading style pursuant to an agreement made in settlement of previous litigation.
The Defendants sought a declaration that the English court did not have jurisdiction, relying upon Articles 29 and 30 of the Brussels Regulation. At first instance HHJ Hacon (sitting as a deputy High Court Judge) determined that the English court did have jurisdiction and dismissed the Defendants’ application.
The Court of Appeal allowed the Defendants’ appeal on the basis that the Judge was wrong to have concluded that the Cypriot and English claims did not involve the same cause of action. Although the Cypriot claim was founded on a contractual settlement and the English claim was tortious, the Claimant’s consent (if proven) to the Defendants’ activities would have the result that the Claimant’s trade mark and passing off claims would lack an essential element and the two claims did, therefore, involve the same cause of action.
David Ivison appeared for the Defendants at first instance and before the Court of Appeal.