Disputing jurisdiction applications—practical considerations (Cifal Group v Meridian Securities)

Table of contents

• Practical implications
• Facts
• Requirements to show a real issue to be tried
• Witness evidence when dealing with oral contracts
• Do the CPR provisions for oral contracts set out requirements or guidance?
• Court details

Article summary

DR Analysis: The Commercial Court has provided a helpful insight into issues to consider when involved in disputing jurisdiction applications. In particular, Males J endorses Flaux J’s approach, in the recent Erste Group judgment, as to the requirement for the defendant to have a ‘killer point’ rather than seeking to mount a full-scale evidential challenge. Males J also looks at considerations for solicitors drafting their own witness statements and the meaning of the provisions in CPR PD 16, para 7.4 dealing with oral contracts—while they are for guidance, that does not mean they can be ignored.