Ministry of Defence and Support of the Armed Forces for the Islamic Republic of Iran v Faz Aviation Ltd.& Anor [2007] EWHC 1042 (Comm) (09 May 2007)

Ministry of Defence and Support of the Armed Forces for the Islamic Republic of Iran v Faz Aviation Ltd.& Anor [2007] EWHC 1042 (Comm) (09 May 2007)

MODSAF failed to show a good arguable case that Faz Aviation Limited had its central administration or principal place of business in England at the relevant date. The evidence indicated that Faz was dormant after May 2005 and any administration was conducted from Cyprus. Therefore, the English court does not have jurisdiction over either defendant.

Citation
[2007] EWHC 1042 (Comm)
Parties
Claimant: Ministry of Defence and Support of the Armed Forces for the Islamic Republic of Iran; First Defendant: Faz Aviation Limited (formerly known as FN Aviation Limited); Second Defendant: Fouad Al-Zayat
Jurisdiction
England and Wales
Judgment Date
09 May 2007
Procedural Posture
Commercial Claim / Jurisdiction Challenge
Outcome
Jurisdiction denied; claim dismissed as against both defendants.
Legal Topics
Jurisdiction, Company Domicile, Freezing Orders
Civil Procedure Commercial Law Jurisdiction Company Domicile Freezing Orders

Case Brief

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Parties

Ministry of Defence and Support of the Armed Forces for the Islamic Republic of Iran

Claimant

Faz Aviation Limited (formerly known as FN Aviation Limited)

First Defendant

Fouad Al-Zayat

Second Defendant

Procedural Posture

Commercial Claim / Jurisdiction Challenge

Legal Issues

  1. 1 Does the English court have jurisdiction over Faz Aviation Limited and Fouad Al-Zayat under EU Regulation No 44/2001?
  2. 2 Was Faz Aviation Limited domiciled in England at the relevant time for jurisdiction purposes?

Ratio Decidendi

MODSAF failed to show a good arguable case that Faz Aviation Limited had its central administration or principal place of business in England at the relevant date. The evidence indicated that Faz was dormant after May 2005 and any administration was conducted from Cyprus. Therefore, the English court does not have jurisdiction over either defendant.

Court Disposition

Jurisdiction denied; claim dismissed as against both defendants.

Orders

  • Defendants entitled to orders reflecting lack of jurisdiction.
  • Court will hear parties on terms of orders and ancillary matters upon formal hand-down.