- The difficulties of proving that substantial justice cannot be obtained in a foreign court (Mousavi-Khalkali v Abrishamchi & another)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The court refused permission to serve out on two Iranian defendants, rejecting arguments that there was a real risk that the claimant would not be able to obtain substantial justice in Iran. The court summarised the applicable tests in respect of permission to serve out, and gave detailed consideration to the issue of whether, even if Iran was the natural forum, the English court should take jurisdiction on the grounds that Iran would not be the appropriate forum if the English court was satisfied, by cogent evidence, that there is a real risk that substantial justice would not be obtainable there. Written by Angharad Parry, barrister, at Twenty Essex.
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