Jurisdiction(s):
United Kingdom

Limited disclosure to evidence bank activity directed to England under CJJA 1982 s 15B(2): English High Court guidance on CPR 31.12/31.14 in jurisdiction challenges

Published on: 14 August 2024

Published by a LexisNexis Dispute Resolution expert

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Article summary

Alesayi v Bank Audi SAL [2024] EWHC 1975 (KB)

What are the practical implications of this case?

Disclosure was requested to underpin the claimant’s case that it was entitled to sue the Bank in England pursuant to section 15B(2) of the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982)—that is, that the defendant bank was carrying on commercial or professional activities in England at the relevant time, and that the claimant was domiciled in England (the Activities Requirement). As the Bank was in a markedly stronger position regarding documents about the alleged activity, the court held the question could not be determined fairly without the confined disclosure sought. This was especially so because, to establish the Activities Requirement, the Bank’s activities needed to be directed to England rather than focused on the claimant specifically. In shaping the categories of documents demanded, under both CPR 31.12 and CPR 31.14, the claimant placed substantial reliance on references to documents contained in the defendant’s witness evidence. On that basis, the court ordered confined disclosure so the jurisdictional issue could be resolved fairly and justly at this stage...

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