Summary
The claimant sought injunctive relief and damages for conspiracy and unlawful interference with its business.
The claimant, Actial, was a Portuguese company.
The first defendant was a professor who was domiciled in Italy. The second defendant was an Italian national. The third defendant lived in Italy as well.
The claimant commenced proceedings in England under Article 5(3). The defendant challenged the jurisdiction of the English court.
The English court held that it lacked jurisdiction under Article 5(3) because the harmful event occurred in Italy or Switzerland.
An appeal was made. The judgment of the Court of Appeal was still outstanding.