Transworld Payment Solutions U.K. Limited & Anor. v First Curaçao International Bank N.V. & Anor.

Transworld Payment Solutions U.K. Limited & Anor. v First Curaçao International Bank N.V. & Anor.

The English High Court is clearly and distinctly the appropriate forum for the claims, as the alleged fraud, damage, and key parties are most closely connected to England and Wales, and only the English court can determine all claims and bind all parties. The existence of parallel Curaçao proceedings, primarily for negative declarations and indemnities, does not outweigh these factors, nor does the risk of inconsistent judgments justify a stay. The assigned section 213 Insolvency Act claims are not validly assigned as the relevant companies entered liquidation before 1 October 2015, and the statutory change permitting assignment is not retrospective.

Parties
Claimant/respondent: Transworld Payment Solutions U.K. Limited (In Liquidation); Claimant/respondent: Stephen John Hunt (as Liquidator of Transworld Payment Solutions U.K. Limited); Defendant/applicant: First Curaçao International Bank N.V.; Defendant/applicant: Johannes ('John') Christiaan Martinus Augustinus Maria Deuss
Jurisdiction
England and Wales
Judgment Date
31 October 2022
Procedural Posture
Civil (commercial/chancery) / Interlocutory Application—challenge to Jurisdiction, Forum Non Conveniens, and Stay Pending Foreign Proceedings
Outcome
Defendants' applications to set aside service out and for a stay are dismissed except as to the assigned section 213 claims, which are struck out for want of a serious issue to be tried.
Legal Topics
Forum Non Conveniens, Jurisdictional Challenge, Assignment of Claims in Insolvency, Negative Declaratory Relief, Case Management Stay, Fraudulent Trading, Dishonest Assistance, Breach of Fiduciary Duty
Conflict of Laws Insolvency Law Commercial Law Forum Non Conveniens Jurisdictional Challenge Assignment of Claims in Insolvency Negative Declaratory Relief Case Management Stay +3 more

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Parties

Transworld Payment Solutions U.K. Limited (In Liquidation)

Claimant/respondent

Stephen John Hunt (as Liquidator of Transworld Payment Solutions U.K. Limited)

Claimant/respondent

First Curaçao International Bank N.V.

Defendant/applicant

Johannes ('John') Christiaan Martinus Augustinus Maria Deuss

Defendant/applicant

Procedural Posture

Civil (commercial/chancery) / Interlocutory Application—challenge to Jurisdiction, Forum Non Conveniens, and Stay Pending Foreign Proceedings

Legal Issues

  1. 1 Whether the English High Court is the appropriate forum for the claims (forum non conveniens)
  2. 2 Whether proceedings should be stayed pending the outcome of related Curaçao proceedings
  3. 3 Whether assigned section 213 Insolvency Act 1986 claims are validly assigned and justiciable

Ratio Decidendi

The English High Court is clearly and distinctly the appropriate forum for the claims, as the alleged fraud, damage, and key parties are most closely connected to England and Wales, and only the English court can determine all claims and bind all parties. The existence of parallel Curaçao proceedings, primarily for negative declarations and indemnities, does not outweigh these factors, nor does the risk of inconsistent judgments justify a stay. The assigned section 213 Insolvency Act claims are not validly assigned as the relevant companies entered liquidation before 1 October 2015, and the statutory change permitting assignment is not retrospective.

Court Disposition

Defendants' applications to set aside service out and for a stay are dismissed except as to the assigned section 213 claims, which are struck out for want of a serious issue to be tried.

Orders

  • Application to set aside service out of the jurisdiction dismissed except for assigned section 213 claims
  • Application for a stay of English proceedings pending Curaçao proceedings dismissed