NABB Brothers Ltd v Lloyds Bank International (Guernsey) Ltd

NABB Brothers Ltd v Lloyds Bank International (Guernsey) Ltd

The claimant failed to demonstrate that England is the appropriate forum for the trial of the action. The only live allegation relates to a single transfer, with insufficient evidence to meet the merits threshold. The order for service out of the jurisdiction must be set aside.

Parties
Claimant/respondent: NABB Brothers Limited; Defendant/applicant: Lloyds Bank International (Guernsey) Limited
Jurisdiction
England and Wales
Judgment Date
18 March 2005
Procedural Posture
Civil (chancery Division) / Application to Set Aside Order for Service Out of Jurisdiction
Outcome
Order for service out of the jurisdiction set aside; application granted.
Legal Topics
Constructive Trust, Knowing Receipt, Jurisdiction, Forum Conveniens, Limitation, Restitutionary Claims
Trusts Restitution Conflict of Laws Civil Procedure Constructive Trust Knowing Receipt Jurisdiction Forum Conveniens +2 more

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Parties

NABB Brothers Limited

Claimant/respondent

Lloyds Bank International (Guernsey) Limited

Defendant/applicant

Procedural Posture

Civil (chancery Division) / Application to Set Aside Order for Service Out of Jurisdiction

Legal Issues

  1. 1 Whether England is the appropriate forum for the claim
  2. 2 Whether the claimant has a reasonable prospect of success against the defendant as constructive trustee
  3. 3 Whether the acts giving rise to liability occurred within the jurisdiction

Ratio Decidendi

The claimant failed to demonstrate that England is the appropriate forum for the trial of the action. The only live allegation relates to a single transfer, with insufficient evidence to meet the merits threshold. The order for service out of the jurisdiction must be set aside.

Court Disposition

Order for service out of the jurisdiction set aside; application granted.

Orders

  • Order of Master Bowman set aside.
  • Claimant's service out of jurisdiction is not permitted.