Legal News

Lugano Convention and tort of conspiracy (JSC BTA Bank v Ablyazov)

Published on: 16 February 2016
Published by: LexisPSL
  • Lugano Convention and tort of conspiracy (JSC BTA Bank v Ablyazov)
  • Practical implications
  • Facts
  • Which regime applies in determining whether the English court has jurisdiction?
  • What was the relevance of Mr Ablyazov's domicile in determining jurisdiction?
  • Did the special jurisdiction for tort claims under art 5 give the English court jurisdiction?
  • Place where the damage occurred
  • The place of the event giving rise to the damage
  • Court details

Article summary

Dispute Resolution analysis: Teare J held that the English court had jurisdiction in relation to claims involving a conspiracy to deal with assets to avoid a worldwide freezing order (WFO) prior to a certain date when the first defendant was in England. After that date the English court would not have any jurisdiction as any implementation of the conspiracy to deal with assets could not have taken place in England. or take a trial to read the full analysis.

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