Jurisdiction: After Brexit

Simon Adamyk and Jessica Powers examine the current judicial approach to jurisdictional challenges on forum non conveniens grounds Post-Brexit, jurisdictional issues are determined, for the most part, in accordance with common law principles. Al Assam v Tsouvelekakis [2022] was concerned with the funds of two Cypriot trusts, the AAA Family Trust and the Hamza Family …
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Jurisdiction: Pakistan or England?

Alexa Payet provides some useful guidance on cross-border probate disputes In deciding whether Pakistan was the natural and more appropriate forum for the trial, the court applied the factors outlined in Spiliada. In the case of Rehman v Hamid [2019], Mrs Ali was born in pre-partition India in 1942. Upon partition Mrs Ali and her …
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Forum: Rules of service

Max Archer and Kate Boakes provide an introduction to serving claims out of the jurisdiction ‘In answering the question of whether England and Wales is a natural forum for a case, the court must consider whether the action has a real and substantial connection with the jurisdiction.’ This is an article about service, a neglected …
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J v U; U v J (No. 2) Domicile [2017] EWHC 449 (Fam)

Wills & Trusts Law Reports | Summer 2017 #168

The question before the court was, in the context of divorce proceedings between the petitioner and the respondent, whether either party to the marriage were domiciled in England and Wales. The respondent’s position was that neither were so domiciled, such that the divorce petition of the petitioner should be struck out for want of jurisdiction.

At the time of the proceedings the respondent was 72 years old. He was born in Mumbai, India. He moved to London with his family when he was 13 or 14. He studied in England, married and purchased a property in London, and pursued a ...

Jurisdiction: Out of place

Matthew Howson examines the lessons from Winkler v Shamoon [2016] ‘The presence of an Israeli estate, Israeli personae and all the other claims in Israel meant that Israel was clearly the most natural and convenient forum for the claim.’ Sami Shamoon (Mr Shamoon) had a remarkable life. Born in the 1930s to an Iraqi Jewish …
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Jurisdiction: Trust in Fiona Trust?

Davina Given and Ed Holmes report on recent developments in the Court of Appeal ‘Based on detailed analysis of both the terms of business agreement (ToBA) and the framework agreement, the Court of Appeal held that AmTrust had shown… that the arbitration clause in the framework agreement did not extend to matters subject to the …
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Akers & ors v Samba Financial Group [2014] EWCA Civ 1516

Wills & Trusts Law Reports | July/August 2015 #151

The claimants appealed a decision to stay their claim on the ground of forum non conveniens.

The fourth claimant (C4) was a Cayman company and was massively insolvent, owing US$2.815bn plus interest to a syndicate of banks including the defendant (D). The first (C1), second (C2) and third claimant (C3) were the liquidators of C4. A winding up petition was presented to the Grand Court of the Cayman Islands on 30 July 2009, commencing the winding up of C4. On 18 September 2009, the winding up order was made.

The claim was brought by C1, C2 and C3 pursuant to s127 of the I...

International Focus: Overseas influence

Philippa Hewitt explores the impact of Radmacher on the approach to marital agreements in Hong Kong ‘In Hong Kong, the wording of the relevant matrimonial legislation is very similar to that of England and Wales and, for that reason, the courts tend to look to English case law to assist in interpreting that law.’ Prior …
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Jurisdiction: A startling proposition?

Robert Dobbyn examines exclusive jurisdiction clauses in the light of Crociani v Crociani [2013] ‘Ultimately the question was whether the case should be tried “more suitably for the interests of all the parties and for the ends of justice” in Jersey rather than Mauritius.’ In this case the Royal Court of Jersey considered the effect …
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