Clash of lords 2 forum trial#
Clash of lords 2 forum free#

Thus the вЂњobverseвЂќ of that was that a conclusion that England was not clearly the natural forum concludes the argument in a service out case. He submitted that in a stay case once a defendant had failed to show that another jurisdiction was the вЂњnaturalвЂќ forum that was the end and no second stage was necessary. The defendantвЂ™s submission was founded on The Spiliada Maritime Corporation v Cansulex Ltd (The Spiliada), 3 All ER 843.The defendant argued that, once the court had found that a claimant had failed to establish that England was the вЂњnaturalвЂќ forum, that concluded the position. The first question was whether, if a court had concluded in a leave to serve out case that the natural forum was other than England, whether it was open to the court still to find England the вЂњproper forumвЂќ namely the place where in the interests of the parties and the ends of justice the case should be tried. His lordship appreciated that litigants often felt strongly about the place where cases should be tried but disputes as to forum should not become state trials.

Clash of lords 2 forum trial#

The judge went on to find that although the вЂњnatural forumвЂќ was Russia, the risks inherent in a trial in Russia were вЂњsufficient to make England the forum in which the case can most suitably be tried in the interest of both parties and the ends of justiceвЂќ. The judge held that the claimant had a reasonable prospect of success in his claim, and indeed the better side of the argument that, although there was a good arguable case for English law and jurisdiction, the claimant did not have the better argument-in respect of jurisdiction, the defendant had much the better side of the argument and that since it was common ground that if the contracts had been made, they had been made in England, the English court had a basis for exercising its discretion to take jurisdiction under CPR 6.20(5)(a) (now 6BPD.3-3.1(6)(a). The claimant alleged that he was entitled by an oral agreement to a share of a Russian company known as вЂњRusalвЂќ, that English law and jurisdiction had been orally agreed, and that it would not be possible to bring his claim in Russia since he would face assassination, arrest on trumped-up charges and the lack of a fair trial. The appeal was concerned with where the trial of an action should take place.

Geoffrey Vos QC, David Foxton QC, David Lord QC and James Weale (instructed by Dechert LLP) for the claimant. If a court has concluded in a leave to serve out case that the natural forum is other than England, it remains open to the court still to find England the вЂњproper forumвЂќ.ДЄli Malek QC, Joe Smouha QC, Christopher Harris (instructed by Bryan Cave) for the defendant.

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Clash of lords 2 forum free#

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