BANK OF TOKYO-MITSUBISHI LTD. v. BASKAN GIDA SANAYI VE PAZARLAMA AS

[2004] 2 Lloyd's Rep. 395

CHANCERY DIVISION

Before Mr. Justice Lawrence Collins

Banking - Conflict of laws - Jurisdiction - Banks lending money to supplier of goods - Contracts assigned to purchasers - Supplier defaulting on loans - Action in Italy by purchasers seeking negative declaratory relief - Action in England by Banks against supplier and purchasers - Whether Italian court first seised of action - Whether two actions related - Whether parties had entered into exclusive jurisdiction agreement - Whether damage suffered in England for purposes of tort action - European Council Regulation 44/2001 (Jurisdiction Regulation), arts. 5, 6, 23, 27 and 28.