Williams v Central Bank of Nigeria [2011] EWHC 876 (QB) (08 April 2011)

Williams v Central Bank of Nigeria [2011] EWHC 876 (QB) (08 April 2011)

The only claim that satisfies the requirements for permission to serve out of the jurisdiction is the 1986 Trust claim, as there is a serious issue to be tried and England is the natural forum. The 1993 Trust and 2009 Agreement claims do not disclose an arguable case or serious issue to be tried, so permission to serve out is refused for those claims.

Citation
[2011] EWHC 876 (QB)
Parties
Claimant/respondent: Louis Emovbira Williams; Defendant/applicant: Central Bank of Nigeria
Jurisdiction
England and Wales
Judgment Date
08 April 2011
Procedural Posture
Jurisdictional Challenge and Application for Permission to Amend and Serve Claim Out of Jurisdiction / High Court Judgment on Applications
Outcome
Permission to serve out of the jurisdiction granted for the 1986 Trust claim only; refused for the 1993 Trust and 2009 Agreement claims.
Legal Topics
Jurisdiction, Constructive Trusts, Dishonest Assistance, Limitation Periods, Express Trusts, Breach of Contract, Forum Conveniens
Private International Law Trusts and Equity Contract Law Jurisdiction Constructive Trusts Dishonest Assistance Limitation Periods Express Trusts +2 more

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Parties

Louis Emovbira Williams

Claimant/respondent

Central Bank of Nigeria

Defendant/applicant

Procedural Posture

Jurisdictional Challenge and Application for Permission to Amend and Serve Claim Out of Jurisdiction / High Court Judgment on Applications

Legal Issues

  1. 1 Whether the English court has jurisdiction over the claims against the Central Bank of Nigeria
  2. 2 Whether the claims are time-barred under the Limitation Act 1980
  3. 3 Whether a constructive or express trust was created in favour of the claimant

Ratio Decidendi

The only claim that satisfies the requirements for permission to serve out of the jurisdiction is the 1986 Trust claim, as there is a serious issue to be tried and England is the natural forum. The 1993 Trust and 2009 Agreement claims do not disclose an arguable case or serious issue to be tried, so permission to serve out is refused for those claims.

Court Disposition

Permission to serve out of the jurisdiction granted for the 1986 Trust claim only; refused for the 1993 Trust and 2009 Agreement claims.

Orders

  • Permission to serve the claim form and particulars of claim out of the jurisdiction granted for the 1986 Trust claim.
  • Permission to amend and serve out refused for the 1993 Trust and 2009 Agreement claims.