Ashley & Anor v Jimenez & Anor

Ashley & Anor v Jimenez & Anor

The defendants failed to establish the authenticity and applicability of the 17 September Agreement's exclusive UAE jurisdiction clause; claimants have the better of the argument. Service out of jurisdiction on Mr Jimenez is valid as claimants have a serious issue to be tried and England is the appropriate forum. The court lacks jurisdiction over South Horizon under BRR as the harmful event occurred in Cyprus and the Quistclose trust does not meet the domicile or evidencing requirements for English jurisdiction.

Parties
Claimant: Michael Ashley; Claimant: St James Holdings Limited; Defendant: Tony Michael Jimenez; Defendant: South Horizon Trading Limited
Jurisdiction
England and Wales
Judgment Date
16 January 2019
Procedural Posture
Civil / Ruling on Jurisdiction and Service Applications
Outcome
Defendants' applications dismissed except for declaration of no jurisdiction over South Horizon.
Legal Topics
Jurisdiction, Service Out of Jurisdiction, Exclusive Jurisdiction Clause, Fraudulent Misrepresentation, Breach of Contract, Quistclose Trust, Restitution, Limitation, Forum Conveniens
Civil Procedure Contract Law Trust Law Tort Law Jurisdiction Service Out of Jurisdiction Exclusive Jurisdiction Clause Fraudulent Misrepresentation +5 more

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Parties

Michael Ashley

Claimant

St James Holdings Limited

Claimant

Tony Michael Jimenez

Defendant

South Horizon Trading Limited

Defendant

Procedural Posture

Civil / Ruling on Jurisdiction and Service Applications

Legal Issues

  1. 1 Whether the 17 September Agreement with exclusive UAE jurisdiction is authentic and binding
  2. 2 Whether service out of jurisdiction on Mr Jimenez is valid
  3. 3 Whether the English court has jurisdiction over South Horizon under BRR

Ratio Decidendi

The defendants failed to establish the authenticity and applicability of the 17 September Agreement's exclusive UAE jurisdiction clause; claimants have the better of the argument. Service out of jurisdiction on Mr Jimenez is valid as claimants have a serious issue to be tried and England is the appropriate forum. The court lacks jurisdiction over South Horizon under BRR as the harmful event occurred in Cyprus and the Quistclose trust does not meet the domicile or evidencing requirements for English jurisdiction.

Court Disposition

Defendants' applications dismissed except for declaration of no jurisdiction over South Horizon.

Orders

  • Declaration that the court lacks jurisdiction over South Horizon Trading Limited.
  • Permission for service out of jurisdiction on Tony Michael Jimenez granted.