DENISOV v DELVECCHIO & Ors.

DENISOV v DELVECCHIO & Ors.

Although the claimant established a realistically arguable case that the claim could pass through the constructive trust gateway, England and Wales is not clearly and distinctly the most appropriate forum for the dispute, given the lack of substantial connection to England and the residence of the parties and locus of the alleged fraud elsewhere. Therefore, permission to serve out of the jurisdiction is refused.

Parties
Claimant: Denisov; Defendants: Delvecchio & Ors.
Jurisdiction
England and Wales
Judgment Date
08 February 2022
Procedural Posture
Commercial Court Application / Application for Permission to Serve Out of Jurisdiction
Outcome
Application dismissed
Legal Topics
Service Out of Jurisdiction, Forum Conveniens, Constructive Trust, Dishonest Assistance, Unlawful Means Conspiracy, Limitation Period
Civil Procedure Private International Law Fraud Service Out of Jurisdiction Forum Conveniens Constructive Trust Dishonest Assistance Unlawful Means Conspiracy +1 more

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Parties

Denisov

Claimant

Delvecchio & Ors.

Defendants

Procedural Posture

Commercial Court Application / Application for Permission to Serve Out of Jurisdiction

Legal Issues

  1. 1 Whether permission should be granted to serve proceedings on foreign defendants out of the jurisdiction
  2. 2 Whether the claim passes through a relevant jurisdictional gateway under Practice Direction 6B
  3. 3 Whether England and Wales is clearly and distinctly the most appropriate forum for the dispute

Ratio Decidendi

Although the claimant established a realistically arguable case that the claim could pass through the constructive trust gateway, England and Wales is not clearly and distinctly the most appropriate forum for the dispute, given the lack of substantial connection to England and the residence of the parties and locus of the alleged fraud elsewhere. Therefore, permission to serve out of the jurisdiction is refused.

Court Disposition

Application dismissed

Orders

  • Permission to serve proceedings out of the jurisdiction refused
  • Application for permission to appeal refused