Disclosure in the context of jurisdiction challenges—court reaffirms two-stage test and emphasises proportionality (Alesayi v Bank Audi SAL)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Dispute Resolution analysis: The High Court has clarified the test governing applications pursuant to CPR 31.12 for specific disclosure in the context of jurisdiction challenges. Mr Justice Dias re-affirmed that the appropriate test remains the two-stage test set out in Rome v Punjab National Bank, and rejected the submission that a separate test of ‘exceptional circumstances’ applies. However, in that context, the court emphasised that disclosure must be both proportionate and targeted, and cautioned against allowing jurisdiction applications to evolve into ‘mini-trials’. Written by Alexandra Prato, associate at RPC.