Transworld Payment Solutions U.K. Ltd, Re [2022] EWHC 2742 (Ch) (31 October 2022)

Transworld Payment Solutions U.K. Ltd, Re [2022] EWHC 2742 (Ch) (31 October 2022)

England and Wales is the appropriate forum for the claims, particularly those under section 213 Insolvency Act 1986, as they can only be litigated in EWHC. The existence of Curaçao proceedings does not outweigh the connecting factors to England, including location of torts, applicable law, witnesses, and scope of...

Source-derived case information.

Citation
[2022] EWHC 2742 (Ch)
Parties
Claimant/respondent: Transworld Payment Solutions U.K. Limited (in liquidation); Claimant/respondent: Stephen John Hunt (in his capacity as liquidator of Transworld Payment Solutions U.K. Limited); Defendant/applicant: First Curaçao International Bank N.V.; Defendant/applicant: Johannes ('John') Christiaan Martinus Augustinus Maria Deuss
Jurisdiction
England and Wales
Judgment Date
31 October 2022
Procedural Posture
Application to Set Aside Service Out and for Stay / Interlocutory Judgment on Jurisdiction and Stay
Outcome
applications to set aside service out and for stay dismissed
Legal Topics
Forum Non Conveniens, Service Out of Jurisdiction, Contribution Claims, Dishonest Assistance, Breach of Fiduciary Duty, Fraudulent Trading, Negative Declaratory Relief
Civil Procedure Insolvency Conflict of Laws Commercial Law Forum Non Conveniens Service Out of Jurisdiction Contribution Claims Dishonest Assistance +3 more

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Parties

Transworld Payment Solutions U.K. Limited (in liquidation)

Claimant/respondent

Stephen John Hunt (in his capacity as liquidator of Transworld Payment Solutions U.K. Limited)

Claimant/respondent

First Curaçao International Bank N.V.

Defendant/applicant

Johannes ('John') Christiaan Martinus Augustinus Maria Deuss

Defendant/applicant

Procedural Posture

Application to Set Aside Service Out and for Stay / Interlocutory Judgment on Jurisdiction and Stay

Legal Issues

  1. 1 Is England and Wales the appropriate forum for the claims?
  2. 2 Should permission to serve out of jurisdiction be set aside?
  3. 3 Should proceedings be stayed pending determination of Curaçao proceedings?

Ratio Decidendi

England and Wales is the appropriate forum for the claims, particularly those under section 213 Insolvency Act 1986, as they can only be litigated in EWHC. The existence of Curaçao proceedings does not outweigh the connecting factors to England, including location of torts, applicable law, witnesses, and scope of claims. Permission to serve out is upheld and no stay is granted pending Curaçao proceedings.

Court Disposition

applications to set aside service out and for stay dismissed

Orders

  • Permission to serve out of jurisdiction upheld
  • No stay of proceedings pending Curaçao determination