Mousavi-Khalkali v Abrishamchi & Anor

Mousavi-Khalkali v Abrishamchi & Anor

The claimant failed to establish that England and Wales was the appropriate forum for the claims, as Iran was the natural forum and there was no real risk that substantial justice would not be obtainable there. The claims did not fall within the relevant jurisdictional gateways, and the claimant's failures of disclosure and the weaknesses in his case further militated against the exercise of jurisdiction and the continuation of the freezing order.

Parties
Claimant: Seyed Mohammed Zaki Mousavi-Khalkali; First Defendant: Mahmoudreza Abrishamchi; Second Defendant: Pars Iratel Joint Stock Company
Jurisdiction
England and Wales
Judgment Date
18 September 2019
Procedural Posture
Civil Commercial Claim / Jurisdictional Challenge and Discharge of Freezing Order
Outcome
Order permitting service out of the jurisdiction and freezing order set aside; court declines to exercise jurisdiction.
Legal Topics
Jurisdiction, Service Out of Jurisdiction, Freezing Orders, Forum Non Conveniens, Disclosure Obligations
Civil Procedure Private International Law Contract Law Jurisdiction Service Out of Jurisdiction Freezing Orders Forum Non Conveniens Disclosure Obligations

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Parties

Seyed Mohammed Zaki Mousavi-Khalkali

Claimant

Mahmoudreza Abrishamchi

First Defendant

Pars Iratel Joint Stock Company

Second Defendant

Procedural Posture

Civil Commercial Claim / Jurisdictional Challenge and Discharge of Freezing Order

Legal Issues

  1. 1 Whether the English court should exercise jurisdiction and permit service out of the jurisdiction for claims against foreign defendants
  2. 2 Whether there is a real risk that substantial justice will not be obtainable in Iran
  3. 3 Whether the claimant failed to make full and frank disclosure at the without notice hearing

Ratio Decidendi

The claimant failed to establish that England and Wales was the appropriate forum for the claims, as Iran was the natural forum and there was no real risk that substantial justice would not be obtainable there. The claims did not fall within the relevant jurisdictional gateways, and the claimant's failures of disclosure and the weaknesses in his case further militated against the exercise of jurisdiction and the continuation of the freezing order.

Court Disposition

Order permitting service out of the jurisdiction and freezing order set aside; court declines to exercise jurisdiction.

Orders

  • Order of Judge Halliwell permitting service out of the jurisdiction set aside
  • Freezing order set aside