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Conflict of laws – Jurisdiction. The claimant had invested in a fund operated by the defendant, a Gibraltar company, which had lost all its capital. The claimant brought a claim in negligence and breach of contract against the defendant and served the claim form, without permission, outside the jurisdiction under CPR 6.33(2)(b)(iii) and art 23 of Council Regulation (EC) 44/2001. The Commercial Court dismissed the defendant's application to set aside the service of the claim where the claimant had a good arguable case that there had been a concluded agreement, within art 23 of the Regulation.
Conflict of laws – Jurisdiction. The claimant had invested in a fund operated by the defendant, a Gibraltar company, which had lost all its capital. The claimant brought a claim in negligence and breach of contract against the defendant and served the claim form, without permission, outside the jurisdiction under CPR 6.33(2)(b)(iii) and art 23 of Council Regulation (EC) 44/2001. The Commercial Court dismissed the defendant's application to set aside the service of the claim where the claimant had a good arguable case that there had been a concluded agreement, within art 23 of the Regulation.
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