Islamic Republic of Pakistan v Zardari & Ors

Islamic Republic of Pakistan v Zardari & Ors

Pakistan established a reasonable prospect of success on the merits, the claim relates to property and proceeds within England, and the court has jurisdiction under CPR 6.20(10) and CPR 6.20(14). England is the clearly appropriate forum for determination of the dispute. There was no material non-disclosure affecting the grant of permission to serve out.

Parties
Claimant: The Islamic Republic of Pakistan; First Defendant: Asif Ali Zardari; Second Defendant: Romina Properties Limited; Third Defendant: Winkford Farm Limited; Fourth Defendant: Parsonage Farm Limited
Jurisdiction
England and Wales
Judgment Date
06 October 2006
Procedural Posture
Civil / Ruling on Applications to Set Aside Permission to Serve Out of Jurisdiction
Outcome
applications to set aside permission to serve out dismissed
Legal Topics
Constructive Trust, Jurisdiction, Forum Conveniens, Non Disclosure, Fraud, Bribery, Money Laundering

Case Brief

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Parties

The Islamic Republic of Pakistan

Claimant

Asif Ali Zardari

First Defendant

Romina Properties Limited

Second Defendant

Winkford Farm Limited

Third Defendant

Parsonage Farm Limited

Fourth Defendant

Procedural Posture

Civil / Ruling on Applications to Set Aside Permission to Serve Out of Jurisdiction

  1. 1 Whether the claim has a reasonable prospect of success
  2. 2 Whether the English court has jurisdiction under CPR 6.20(10) and CPR 6.20(14)
  3. 3 Whether England is the proper forum for the dispute

Ratio Decidendi

Pakistan established a reasonable prospect of success on the merits, the claim relates to property and proceeds within England, and the court has jurisdiction under CPR 6.20(10) and CPR 6.20(14). England is the clearly appropriate forum for determination of the dispute. There was no material non-disclosure affecting the grant of permission to serve out.

Court Disposition

applications to set aside permission to serve out dismissed

Orders

  • Permission to serve out of jurisdiction stands
  • Proceedings to continue in England