Eurasia Sports Ltd v Aguad
The appeal is dismissed because, although the conspiracy claim does not pass the tort gateway, the contract claims against other defendants pass the contract gateway, and the conspiracy claims arise out of closely connected facts, permitting service on Mr Mahchi Aguad as a necessary or proper party. England is the appropriate forum for trial.
- Parties
- Claimant/respondent: Eurasia Sports Limited; Defendant/appellant: Omar Mahchi Aguad
- Jurisdiction
- England and Wales
- Judgment Date
- 24 July 2018
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Jurisdiction, Forum Conveniens, Conspiracy, Contractual Indebtedness, Necessary or Proper Party, CPR PD 6 B Gateways
Case Brief
Summary, issues, holding and outcome
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Parties
Eurasia Sports Limited
Claimant/respondent
Omar Mahchi Aguad
Defendant/appellant
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether there is a serious issue to be tried against Mr Mahchi Aguad
- 2 Whether the claims fall within the jurisdictional gateways under CPR PD 6B
- 3 Whether England & Wales is the appropriate forum for trial
Ratio Decidendi
The appeal is dismissed because, although the conspiracy claim does not pass the tort gateway, the contract claims against other defendants pass the contract gateway, and the conspiracy claims arise out of closely connected facts, permitting service on Mr Mahchi Aguad as a necessary or proper party. England is the appropriate forum for trial.
Court Disposition
appeal dismissed
Orders
- The appeal of Omar Mahchi Aguad is dismissed.
- Proceedings to continue in England & Wales.
Full Case Text
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