MEX Group Worldwide LTD against Stewart Owen Ford & Others (Court of Session) [2024] CSOH 86 (12 September 2024)

The Scottish court has jurisdiction over the third and eighth defenders because the claims against all defenders are closely connected, arising from an alleged single conspiracy, and it is expedient to hear them together to avoid irreconcilable judgments. The plea of forum non conveniens fails as neither BVI nor Luxembourg is clearly more appropriate, especially since the action will proceed in Scotland against anchor defenders. However, the prorogation clause in the Deed of Affirmation is effective to exclude Scottish jurisdiction over any claim or dispute arising out of or in connection with that Deed, and averments to that effect are refused probation.

Citation: [2024] CSOH 86
Parties: Pursuer: MEX Group Worldwide Limited; First Defender: Stewart Owen Ford; Second Defender: Brian Robert Cormack; Third Defender: Colm Denis Smith; Fourth Defender: Michael Gollits; Fifth Defender: Melville Consulting Partners Limited; Sixth Defender: Melville Consultancy Limited; Seventh Defender: Regal Consultancy International Limited; Eighth Defender: CSM Securities SARL; Ninth Defender: Von der Heydt & Co AG; Tenth Defender: Von der Heydt Invest SA; Eleventh Defender: Mex Securities SARL; Twelfth Defender: Viacheslav ("Slava") Volotovskiy
Jurisdiction: Scotland
Judgment Date: 12 September 2024
Procedural Posture: Commercial Action (civil Delict/conspiracy) / Jurisdictional Challenge and Relevancy Debate
Outcome: Jurisdiction sustained against third and eighth defenders; forum non conveniens plea repelled; prorogation clause enforced to exclude certain averments against ninth defender; action otherwise to proceed.
Legal Topics: Jurisdiction, Forum Non Conveniens, Prorogation Agreements, Unlawful Means Conspiracy, Choice of Law

Civil Procedure Private International Law Commercial Law Jurisdiction Forum Non Conveniens Prorogation Agreements Unlawful Means Conspiracy Choice of Law

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Parties

MEX Group Worldwide Limited

Pursuer

Stewart Owen Ford

First Defender

Brian Robert Cormack

Second Defender

Colm Denis Smith

Third Defender

Michael Gollits

Fourth Defender

Melville Consulting Partners Limited

Fifth Defender

Melville Consultancy Limited

Sixth Defender

Regal Consultancy International Limited

Seventh Defender

CSM Securities SARL

Eighth Defender

Von der Heydt & Co AG

Ninth Defender

Von der Heydt Invest SA

Tenth Defender

Mex Securities SARL

Eleventh Defender

Viacheslav ("Slava") Volotovskiy

Twelfth Defender

Procedural Posture

Commercial Action (civil Delict/conspiracy) / Jurisdictional Challenge and Relevancy Debate

Legal Issues

1 Whether the Scottish court has jurisdiction over non-domiciled defenders under paragraph 2(o)(i) of Schedule 8 to the Civil Jurisdiction and Judgments Act 1982
2 Whether the claims against all defenders are closely connected so as to justify joint proceedings
3 Whether a prorogation clause in the Deed of Affirmation excludes Scottish jurisdiction over certain claims

Ratio Decidendi

Court Disposition

Jurisdiction sustained against third and eighth defenders; forum non conveniens plea repelled; prorogation clause enforced to exclude certain averments against ninth defender; action otherwise to proceed.

Orders

Repel third defender's first plea-in-law (no jurisdiction)
Repel eighth defender's first, second, and third pleas-in-law (no jurisdiction and others)