Standard Bank Plc & Anor v Just Group LLC & Ors

Standard Bank Plc & Anor v Just Group LLC & Ors

The claim against UBR raised a serious issue to be tried but did not fall within gateway (3) as UBR was not a necessary or proper party to the claims against the anchor defendants; the claim was subject to the Mongolian exclusive jurisdiction clause; England was not the proper forum; and Standard Bank's failure to disclose the jurisdiction clause was a serious breach justifying setting aside service.

Parties
Claimant: Standard Bank PLC; Claimant: The Standard Bank of South Africa Limited; Defendant: Just Group LLC; Defendant: Just Oil LLC; Defendant: Erdtana LLC; Defendant: Mercantile House LLC; Defendant: Just Agro LLC; Defendant: Mercantile House Company Limited; Defendant: Erdenet Mining Corporation LLC (also known as Erdenet Company LLC); Defendant: JSC Ulaanbaatar Railways (UBR); Defendant: Mr Batkhuu Sharavlamdan
Jurisdiction
England and Wales
Judgment Date
10 October 2014
Procedural Posture
Commercial Court Claim (jurisdiction Challenge) / Judgment on Application to Set Aside Service and Contest Jurisdiction
Outcome
Application to set aside service on UBR granted; declaration of no jurisdiction made.
Legal Topics
Jurisdiction, Exclusive Jurisdiction Clauses, Service Out of Jurisdiction, Collateral Contract, Disclosure Obligations, Proper Forum, Assignment of Contractual Rights
Civil Procedure Private International Law Banking and Finance Jurisdiction Exclusive Jurisdiction Clauses Service Out of Jurisdiction Collateral Contract Disclosure Obligations +2 more

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Parties

Standard Bank PLC

Claimant

The Standard Bank of South Africa Limited

Claimant

Just Group LLC

Defendant

Just Oil LLC

Defendant

Erdtana LLC

Defendant

Mercantile House LLC

Defendant

Just Agro LLC

Defendant

Mercantile House Company Limited

Defendant

Erdenet Mining Corporation LLC (also known as Erdenet Company LLC)

Defendant

JSC Ulaanbaatar Railways (UBR)

Defendant

Mr Batkhuu Sharavlamdan

Defendant

Procedural Posture

Commercial Court Claim (jurisdiction Challenge) / Judgment on Application to Set Aside Service and Contest Jurisdiction

Legal Issues

  1. 1 Whether the English court has jurisdiction over UBR under CPR 6.36 gateway (3)
  2. 2 Whether the claim falls within the Mongolian exclusive jurisdiction clause
  3. 3 Whether England is the proper forum for the claim

Ratio Decidendi

The claim against UBR raised a serious issue to be tried but did not fall within gateway (3) as UBR was not a necessary or proper party to the claims against the anchor defendants; the claim was subject to the Mongolian exclusive jurisdiction clause; England was not the proper forum; and Standard Bank's failure to disclose the jurisdiction clause was a serious breach justifying setting aside service.

Court Disposition

Application to set aside service on UBR granted; declaration of no jurisdiction made.

Orders

  • Service of the claim form on UBR set aside
  • Declaration that the court has no jurisdiction over UBR in this claim