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Better connected

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

View from the top

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
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
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