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31 March 2011
Issue: 7459 / Categories: Case law , Law digest
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Conflict of laws

Mujur Bakat SDN BHD and another company v Uni. Asia General Insurance Berhad and other companies [2011] EWHC 643 (Comm), [2011] All ER (D) 220 (Mar)

Where, on an application for permission to serve a party out of the jurisdiction, the court was considering whether England and Wales was the proper place to bring the claim, it was well established that the relevant principles to be applied were that:

(i) the court would only grant permission to serve out where England was the most appropriate forum to try the action; (ii) the burden of proof rested on the claimant to persuade the court that England was the most appropriate forum and he had to show that that was clearly so; (iii) the question was to identify the forum in which the case could be suitably tried for the interests of all the parties and for the ends of justice; and (iv) the natural forum was the one with which the action had the most real and substantial connection, including factors affecting convenience or expense (such as availability of witnesses), but also other factors such as the law

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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