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04 October 2013 / Clare Arthurs , Richard Marshall
Issue: 7578 / Categories: Features , Commercial
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Better connected

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When it comes to forum shopping, every little (fact) counts, say Richard Marshall & Clare Arthurs

London appears increasingly popular as a centre for international litigation, particularly among litigants from the former Soviet Republic. You might be forgiven for thinking that international litigants have open access to the UK courts, irrespective of how tenuous the connection might be between the circumstances of their case and this jurisdiction. Recent cases however suggest that international forum shoppers may now be swimming against the tide.

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In VTB Capital plc v Nutritek International Corp [2013] UKSC 5, [2013] All ER (D) 47 (Feb) the Supreme Court refused VTB Capital (VTB) permission to serve proceedings outside the jurisdiction, on the basis that England was not the proper forum for the resolution of the dispute. It was not however a clear cut decision: Lord Clarke and Lord Reed dissented from the majority view, held by Lords Neuberger, Mance and Wilson. Unpicking these judgments provides useful guidance on how the courts will approach the thorny issue

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NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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