Sunday, October 16, 2011

Litis Pendentia

Litis pendentia (Spanish "litispendencia") - latin term which literally means "a pending suit". It’s a situation when between the same parties there is already one proceeding before a court, concerning the same object – then any other actions which satisfy those 3 conditions shall be dismissed.
The requisites of litis pendentia as a ground for a motion to dismiss are :
1) Identity of parties, or at least such parties as those representing the same interests in both actions ( the same parties)
2) Identity of rights asserted and reliefs prayed for, the reliefs being founded on the same facts ( the same object)
3) Identity with respect to the two preceding particulars is such that any judgment that may be rendered in the pending case regardless of which party is successful, would amount to res judicata (already judged) in the other case (the same cause)


Example:
Art 27 Counci Regulation (EC) No 44/2001 :
“1. Where proceedings involving the same cause of action and between the same parties are brought in the courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.
2. Where the jurisdiction of the court first seised is established, any court other than the court first seised shall decline jurisdiction in favour of that court.”

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