Although the proceedings concerned a loan governed by English law, the starting point Cheap escort Australia deciding forum was the place of commission of the tort. That was Russia.
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The judge had been wrong to determine the issue by examining technical factors urged on him by the claimant instead of standing back and identifying where the fundamental focus of the litigation.
Facts The Massage envy pewaukee in Australia Russian companies R and L appealed against a decision  EWHC Comm that England was the appropriate forum for proceedings alleging unlawful means conspiracy, issued against them by the claimant bank.
The bank had loaned money to the first defendant borrower and the second defendant guarantor, both based in Russia. The agreement was subject to the exclusive jurisdiction of the English courts.
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The borrowers defaulted. The bank's case was that R, L and the other defendants had Massage anoka Marrickville an unlawful means conspiracy to make the first two defendants insolvent.
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It claimed damages for breach of contract against the first two defendants, and damages in tort against R and L. It also claimed relief under the Insolvency Act s.
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The court gave permission for service outside the jurisdiction. R and L disputed its jurisdiction and applied to set aside service. He held that England was clearly the appropriate forum.
R and L challenged those findings. On the evidence, the only reason the bank issued proceedings in England against the first and second defendants was to enable a claim Robina bankruptcy lawyer free consultation be brought against R and L.
However, motive was not relevant to deciding whether the threshold criteria under para. The judge below had not considered the two distinct questions in para.
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He had, therefore, adopted the wrong approach when considering the consequences of the bank's participation in the Russian insolvency process, and had reached the wrong answer paras The bank's arguments that non-receipt of a dividend in the Russian liquidation, and its removal from the creditors' list, had prevented submission to the Russian jurisdiction were misplaced.
The judge's conclusion that the tort claim was not subject to the Russian jurisdiction even if the contractual claim was, was erroneous. Metro Ferntree Gully swingers
He should have concluded that the bank's participation in the Russian insolvencies was acceptance Hotmail sign up free Armidale the Russian jurisdiction in relation to all issues arising in the insolvencies.
Even if he had been correct to find Badoo com Newcastle the bank had not technically submitted to the Russian jurisdiction, the question was not whether it was "entitled" to bring its claims in England, but whether it could satisfy both requirements of para.
Permission to serve out of the jurisdiction should not have been granted paras, 69, 73, It was not necessary to determine the jurisprudence applicable to the Regulation because there was a much simpler reason why the judge had been wrong to find that art. The loss had been suffered there, not in England.
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In any event, the alleged conspiracy was more closely connected with Russia than with any other place paras, Comm not applied. The bank had failed to establish that there was a sufficient connection with England or that, on the question whether any practicable relief could Free domination sex in Australia obtained under s.
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It was overwhelmingly a Russian conspiracy. He had not given due weight to the guidance in AK Investment. Top model escorts Adelaide Hills had approached the issue of forum by examining technical factors urged upon him by the bank instead of standing back and identifying where the fundamental focus of the litigation was paras, ,