21 June 2012
Royal Bank of Scotland PLC v Highland Financial Partners LP and others [2012] EWHC 1278 (Comm), [2012] All ER (D) 41 (Jun)
Whether a clause provided for exclusive jurisdiction or not was a question of construction and the express word “exclusive” did not need to be used. A conclusion could be reached by the court that any previous misconduct was and could be explained or exonerated, if not persisted in. It was settled law, that the court, in exercising its discretion, could take into account not only the gravity and nature of the impropriety, but other matters, such as hardship to the parties.
