Cecil & Ors v Bayat & Ors

Cecil & Ors v Bayat & Ors

The claimants, save for Lehmkuhl’s claims, Grinling’s constructive trust claim, and all claims in fraudulent misrepresentation and against AWCC, established a proper case for service out of the jurisdiction. England is the appropriate forum as the US is not available. Extensions of time and alternative service were justified. There was no material non-disclosure warranting setting aside the orders.

Parties
Claimant: Lord Michael Cecil; Claimant: Stuart Bentham; Claimant: Alexander Grinling; Claimant: Joakim Lehmkuhl; Defendant: Ehsanollah Bayat; Defendant: Telephone Systems International Inc; Defendant: Afghan Wireless Communications Company; Defendant: Mark Warner
Jurisdiction
England and Wales
Judgment Date
29 March 2010
Procedural Posture
Commercial Court Application (service Out of Jurisdiction and Related Procedural Matters) / Ruling on Application to Set Aside Service, Forum Non Conveniens, and Procedural Orders
Outcome
Defendants’ applications to set aside service, forum, and procedural orders dismissed except as to Lehmkuhl’s claims, Grinling’s constructive trust claim, and all claims in fraudulent misrepresentation and against AWCC.
Legal Topics
Service Out of Jurisdiction, Forum Non Conveniens, Breach of Contract, Constructive Trust, Quantum Meruit, Fraudulent Misrepresentation, Conspiracy, Extension of Time for Service, Alternative Service, Non Disclosure
Civil Procedure Contract Law Tort Law Equity and Trusts Service Out of Jurisdiction Forum Non Conveniens Breach of Contract Constructive Trust +6 more

Case Brief

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Parties

Lord Michael Cecil

Claimant

Stuart Bentham

Claimant

Alexander Grinling

Claimant

Joakim Lehmkuhl

Claimant

Ehsanollah Bayat

Defendant

Telephone Systems International Inc

Defendant

Afghan Wireless Communications Company

Defendant

Mark Warner

Defendant

Procedural Posture

Commercial Court Application (service Out of Jurisdiction and Related Procedural Matters) / Ruling on Application to Set Aside Service, Forum Non Conveniens, and Procedural Orders

Legal Issues

  1. 1 Whether the claimants have a good arguable case on the merits and jurisdictional gateways for service out of the jurisdiction
  2. 2 Whether England is the proper forum (forum conveniens)
  3. 3 Whether extensions of time for service and alternative service orders should be set aside for want of good reason or non-disclosure

Ratio Decidendi

The claimants, save for Lehmkuhl’s claims, Grinling’s constructive trust claim, and all claims in fraudulent misrepresentation and against AWCC, established a proper case for service out of the jurisdiction. England is the appropriate forum as the US is not available. Extensions of time and alternative service were justified. There was no material non-disclosure warranting setting aside the orders.

Court Disposition

Defendants’ applications to set aside service, forum, and procedural orders dismissed except as to Lehmkuhl’s claims, Grinling’s constructive trust claim, and all claims in fraudulent misrepresentation and against AWCC.

Orders

  • Service out of the jurisdiction permitted for all claims except Lehmkuhl’s, Grinling’s constructive trust claim, and all claims in fraudulent misrepresentation and against AWCC.
  • Extensions of time for service and alternative service orders upheld.