Islamic Republic of Pakistan v Zardari & Ors [2006] EWHC 2411 (Comm) (06 October 2006)

Islamic Republic of Pakistan v Zardari & Ors [2006] EWHC 2411 (Comm) (06 October 2006)

The court held that there was a serious issue to be tried as to whether the proceeds of the Rockwood Estate are held on constructive trust for Pakistan, and that the claim falls within the jurisdictional gateways under CPR 6.20(10) and (14) because the property and proceeds are within the jurisdiction and relevant acts occurred in England. The court found that England is the appropriate forum for the dispute. The applications to set aside permission to serve out of the jurisdiction were dismissed.

Citation
[2006] EWHC 2411 (Comm)
Parties
Claimant: The Islamic Republic of Pakistan; First Defendant: Asif Ali Zardari; Second Defendant: Romina Properties Limited; Third Defendant: Winkford Farm Limited; Fourth Defendant: Parsonage Farm Limited
Jurisdiction
England and Wales
Judgment Date
06 October 2006
Procedural Posture
Commercial Court Civil Claim / Interlocutory Application to Set Aside Permission to Serve Out of Jurisdiction
Outcome
Applications to set aside permission to serve out of jurisdiction dismissed.
Legal Topics
Constructive Trusts, Bribery and Corruption, Jurisdiction and Service Out, Forum Conveniens, Tracing of Proceeds, Knowing Receipt, Money Laundering
Civil Procedure Trusts and Equity Fraud and Asset Recovery Constructive Trusts Bribery and Corruption Jurisdiction and Service Out Forum Conveniens Tracing of Proceeds +2 more

Case Brief

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Parties

The Islamic Republic of Pakistan

Claimant

Asif Ali Zardari

First Defendant

Romina Properties Limited

Second Defendant

Winkford Farm Limited

Third Defendant

Parsonage Farm Limited

Fourth Defendant

Procedural Posture

Commercial Court Civil Claim / Interlocutory Application to Set Aside Permission to Serve Out of Jurisdiction

Legal Issues

  1. 1 Whether the claim discloses a serious issue to be tried regarding the proceeds of corruption and constructive trust over English property and its sale proceeds
  2. 2 Whether the English court has jurisdiction under CPR 6.20(10) and/or CPR 6.20(14)
  3. 3 Whether England is the appropriate forum (forum conveniens) for the dispute

Ratio Decidendi

The court held that there was a serious issue to be tried as to whether the proceeds of the Rockwood Estate are held on constructive trust for Pakistan, and that the claim falls within the jurisdictional gateways under CPR 6.20(10) and (14) because the property and proceeds are within the jurisdiction and relevant acts occurred in England. The court found that England is the appropriate forum for the dispute. The applications to set aside permission to serve out of the jurisdiction were dismissed.

Court Disposition

Applications to set aside permission to serve out of jurisdiction dismissed.

Orders

  • Permission to serve proceedings out of the jurisdiction is upheld.
  • Proceedings to continue in the Commercial Court.