Shah & Anor v Chipperton [2024] EWHC 1696 (Comm) (24 May 2024)

Shah & Anor v Chipperton [2024] EWHC 1696 (Comm) (24 May 2024)

The Defendant failed to discharge the burden of showing that Dubai is clearly or distinctly the more appropriate forum. The implied choice of law and closest connection both point to England as the proper forum, given the administration and situs of the trust assets (Arix shares) are in England, and the trust's purpose and performance are centred in England. Even if there were no implied choice, the closest connection test would still favour England. Overlapping proceedings and convenience factors do not outweigh these core connections.

Citation
[2024] EWHC 1696 (Comm)
Parties
Claimant/respondent: Sanjay Shah; Claimant/respondent: Elysium Global (Dubai) Limited; Defendant/applicant: Christopher Chipperton
Jurisdiction
England and Wales
Judgment Date
24 May 2024
Procedural Posture
Jurisdiction Challenge in Civil Commercial Proceedings / Interlocutory Application to Set Aside Claim Form/stay Proceedings on Forum Non Conveniens Grounds
Outcome
Defendant's application dismissed
Legal Topics
Jurisdiction Challenge, Forum Non Conveniens, Governing Law of Trusts, Recognition of Foreign Law, Costs Orders
Private International Law Trusts Law Civil Procedure Jurisdiction Challenge Forum Non Conveniens Governing Law of Trusts Recognition of Foreign Law Costs Orders

Case Brief

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Parties

Sanjay Shah

Claimant/respondent

Elysium Global (Dubai) Limited

Claimant/respondent

Christopher Chipperton

Defendant/applicant

Procedural Posture

Jurisdiction Challenge in Civil Commercial Proceedings / Interlocutory Application to Set Aside Claim Form/stay Proceedings on Forum Non Conveniens Grounds

Legal Issues

  1. 1 Whether England is the appropriate forum for the dispute (forum conveniens)
  2. 2 What is the governing law of the alleged trust
  3. 3 Whether there is an implied choice of 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. The implied choice of law and closest connection both point to England as the proper forum, given the administration and situs of the trust assets (Arix shares) are in England, and the trust's purpose and performance are centred in England. Even if there were no implied choice, the closest connection test would still favour England. Overlapping proceedings and convenience factors do not outweigh these core connections.

Court Disposition

Defendant's application dismissed

Orders

  • Proceedings to continue in England
  • Defendant to pay Claimants' costs in the sum of £50,000