JEB Recoveries LLP v Binstock


Reference:
[2016] EWCA Civ 1008

Date:
19th October 2016

Court:
Court of Appeal

Facts:

The Claimant LLP, an SPV formed for the specific purpose of bringing claims against the Defendant, sought damages amounting to tens of millions of pounds for alleged breaches of contracts for the provision of services. The Defendant challenged jurisdiction in the Chancery Division and succeeded in striking out 3 of the 4 claims. On the 4th, the Court found there was ‘sufficient connection’ to the jurisdiction. The Defendant appealed.


Judge:
Moore-Bick LJ, Tomlinson LJ, Kitchin LJ

Comment:

Caley, instructed by Harcus Sinclair, acted as junior at first instance and sole Counsel in the Court of Appeal, successfully arguing that the Judge had failed to apply the test under article 5 of the Brussels Regulation correctly. In particular, the Court of Appeal found that the Judge had failed to properly apply the burden of proof and to analyse where the ‘main provision of services’ either was or was supposed to be under the alleged contracts.


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