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11 May 2017
Issue: 7745 / Categories: Legal News
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Be prompt if challenging jurisdication

Challenges to jurisdiction must be made as early as possible in cases involving exclusive jurisdiction agreements, the Court of Appeal has indicated.

The case, Apex v Global Torch [2017] EWCA Civ 315, was the latest stage in the long-running Re Fi Call Ltd litigation, an international fraud case arising from telecommunications developments in the Middle East. Although judgment had already been given on the litigation, Apex attempted to stay part of the judgment because it related to a share purchase agreement with an exclusive jurisdiction agreement limiting dispute resolution to the courts of Saudi Arabia.

Dismissing the appeal, the court held that Apex had waived its right to rely on the exclusive jurisdiction agreement by engaging in the litigation without raising a jurisdiction challenge earlier. Instead, it should have raised a challenge when it became aware Global Torch was relying on the share purchase agreement.

Michael Ryan, of 7KBW, who appeared for Global Torch, said: ‘The decision emphasises the need for jurisdiction challenges to be made as early as possible.’

Issue: 7745 / Categories: Legal News
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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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