Sanjay Shah & Anor v Christopher Chipperton

Sanjay Shah & Anor v Christopher Chipperton

The Defendant failed to discharge the burden of showing that Dubai is clearly or distinctly the more appropriate forum. There is an implied choice of English law as the governing law of the alleged trust, and the dispute has its closest connection with England. The application to set aside or stay the claim on forum non conveniens grounds is dismissed.

Parties
Claimant/respondent: Sanjay Shah; Claimant/respondent: Elysium Global (Dubai) Limited; Defendant/applicant: Christopher Chipperton
Jurisdiction
England and Wales
Judgment Date
07 October 2024
Procedural Posture
Commercial Court Jurisdiction Challenge / Ruling on Application to Set Aside Claim for Lack of Jurisdiction/forum Non Conveniens
Outcome
Defendant's application to set aside or stay the claim dismissed; costs awarded to Claimants; permission to appeal refused.
Legal Topics
Jurisdiction, Forum Non Conveniens, Governing Law of Trusts, Recognition of Trusts, Parallel Proceedings
Private International Law Trusts Law Civil Procedure Jurisdiction Forum Non Conveniens Governing Law of Trusts Recognition of Trusts Parallel Proceedings

Case Brief

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Parties

Sanjay Shah

Claimant/respondent

Elysium Global (Dubai) Limited

Claimant/respondent

Christopher Chipperton

Defendant/applicant

Procedural Posture

Commercial Court Jurisdiction Challenge / Ruling on Application to Set Aside Claim for Lack of Jurisdiction/forum Non Conveniens

Legal Issues

  1. 1 Whether the English court should decline jurisdiction on forum non conveniens grounds in favour of Dubai
  2. 2 What is the governing law of the alleged trust at the heart of the dispute
  3. 3 Whether there is an implied choice of English law under the Hague Trusts Convention

Ratio Decidendi

The Defendant failed to discharge the burden of showing that Dubai is clearly or distinctly the more appropriate forum. There is an implied choice of English law as the governing law of the alleged trust, and the dispute has its closest connection with England. The application to set aside or stay the claim on forum non conveniens grounds is dismissed.

Court Disposition

Defendant's application to set aside or stay the claim dismissed; costs awarded to Claimants; permission to appeal refused.

Orders

  • Application to set aside or stay the claim on forum non conveniens grounds is dismissed.
  • Defendant to pay Claimants' costs in the sum of £50,000.