||All England Reporter
|| All ER (D) 24 (Jun)
|| EWHC 1198 (Comm)
||Queen's Bench Division, Commercial Court
Sir Jeremy Cooke (sitting as a Judge of the High Court)
||Stephen Nathan QC and Duncan Macpherson (instructed by Zaiwalla & Co) for the claimants.
||Andrew Lenon QC (instructed by Simmons Gleek) for the defendant.
||23 May 2017
Practice - Pre-trial or post-judgment relief - Stay - Appropriate forum - First claimant Egyptian national with Bahraini identity card being director of second claimant company based in Dubai - Defendant being Bahraini national and member of Bahraini Royal family - Parties allegedly having interests in United Kingdom - Claimants seeking repayment of sum allegedly arising under oral agreement with defendant - efendant applying for stay on ground Bahrain more appropriate venue for trial - Whether application should be granted.
Practice Pre-trial or post-judgment relief. The Commercial Court dismissed an application by the defendant member of the Bahraini Royal family for a stay of proceedings, concerning a claim for a sum allegedly owed under a oral agreement. The court held that the onus had been on the defendant to show that Bahrain was clearly and distinctly the more appropriate forum and that he had failed to do so.
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