Source: All England Reporter
Publisher Citation: [2017] All ER (D) 24 (Jun)
Neutral Citation: [2017] EWHC 1198 (Comm)
Court: Queen's Bench Division, Commercial Court

Sir Jeremy Cooke (sitting as a Judge of the High Court)

Representation Stephen Nathan QC and Duncan Macpherson (instructed by Zaiwalla & Co) for the claimants.
  Andrew Lenon QC (instructed by Simmons Gleek) for the defendant.
Judgment Dates: 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.

The Case

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.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.