W NAGEL (A FIRM) v CHAIM PLUCZENIK & Ors

W NAGEL (A FIRM) v CHAIM PLUCZENIK & Ors

The order for service out of jurisdiction must be set aside due to deliberate and material non-disclosure of the Belgian Interim Judgment and related proceedings, and England is not forum conveniens for the abuse of process claim, as the Belgian court has jurisdiction and is actively progressing the relevant issues.

Parties
Claimant: W Nagel (A Firm); First Defendant: Chaim Pluczenik; Second Defendant: Pluczenik Diamond Company NV; Third Defendant: Varda Shine
Jurisdiction
England and Wales
Judgment Date
04 July 2022
Procedural Posture
Commercial Court Claim / Ruling on Applications to Set Aside Service Out and Stay Proceedings
Outcome
Applications granted; service out set aside; proceedings stayed against Third Defendant.
Legal Topics
Abuse of Process, Forum Non Conveniens, Service Out of Jurisdiction, Material Non Disclosure, Malicious Prosecution
Civil Procedure Private International Law Tort Law Abuse of Process Forum Non Conveniens Service Out of Jurisdiction Material Non Disclosure Malicious Prosecution

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Parties

W Nagel (A Firm)

Claimant

Chaim Pluczenik

First Defendant

Pluczenik Diamond Company NV

Second Defendant

Varda Shine

Third Defendant

Procedural Posture

Commercial Court Claim / Ruling on Applications to Set Aside Service Out and Stay Proceedings

Legal Issues

  1. 1 Whether service out of jurisdiction should be set aside for material non-disclosure
  2. 2 Whether England is forum conveniens for the abuse of process claim
  3. 3 Whether the abuse of process tort applies to foreign proceedings

Ratio Decidendi

The order for service out of jurisdiction must be set aside due to deliberate and material non-disclosure of the Belgian Interim Judgment and related proceedings, and England is not forum conveniens for the abuse of process claim, as the Belgian court has jurisdiction and is actively progressing the relevant issues.

Court Disposition

Applications granted; service out set aside; proceedings stayed against Third Defendant.

Orders

  • Order for service out of jurisdiction against First and Second Defendants set aside.
  • Proceedings against Third Defendant (Ms Shine) stayed pending outcome of Belgian proceedings.