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08 March 2013
Issue: 7551 / Categories: Case law , Law digest , In Court
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Conflict of laws

Navig8 Ptd Ltd v Al-Riyadh Co for Vegetable Oil Industry [2013] EWHC 328 (Comm), [2013] All ER (D) 285 (Feb)

The issue before the court was whether the English court had jurisdiction, pursuant to para 3.1 of CPR Practice Direction 6B. The English court would only accept jurisdiction if: (i) a claimant could demonstrate in that there was a good arguable case that it was covered by one of the grounds stated in para 3.1 of the Practice Direction or CPR 62.5; (ii) the claim had reasonable prospects of success; (iii) England and Wales was the proper place to bring it; and (iv) as a matter of discretion, permission for service out of the jurisdiction should be given. The court would grant an anti-suit injunction only if the actual or threatened conduct of the party to be injuncted was unconscionable. It was settled law that, where claims were brought in fraud by claimants who alleged that they were induced to make security contracts governed by English law, unless the claimant was suing in order to assert a contractual right or a right which had arisen as a

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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

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

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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