Source: All England Reporter
Publisher Citation: [2009] All ER (D) 173 (Aug)
Neutral Citation: [2009] EWHC 1839 (Ch)
Court: Chancery Division

Blackburne J

Representation Ali Malek QC and Cyril Kinsky (instructed by Edwin Coe) for the applicant.
  John Brisby QC and Tom Gentleman (instructed by Osborne Clarke) for the Respondents.
Judgment Dates: 24 July 2009


Company - Minority shareholder - Action by minority shareholder - Jurisdiction - Dispute relating to control of Ukrainian football club - Claimant issuing proceedings in England and Wales - Claimant serving proceeding outside the jurisdiction - Defendants seeking stay of English proceedings on ground that Ukraine the appropriate forum - Whether proceedings should be stayed.

The Case

Company Minority shareholder. Chancery Division: In the instant case, the nature of dispute, the identity of the persons whose evidence would be material, the sensitivities involved, namely the control of Dynamo Kiev, a professional football club based in the Ukrainian capital city, and the very difficult legal issues that would have to be decided pointed overwhelmingly to Ukraine as the appropriate and indeed only natural forum for the trial.

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