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31 March 2011
Issue: 7459 / Categories: Case law , Law digest
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Conflict of laws

Mujur Bakat SDN BHD and another company v Uni. Asia General Insurance Berhad and other companies [2011] EWHC 643 (Comm), [2011] All ER (D) 220 (Mar)

Where, on an application for permission to serve a party out of the jurisdiction, the court was considering whether England and Wales was the proper place to bring the claim, it was well established that the relevant principles to be applied were that:

(i) the court would only grant permission to serve out where England was the most appropriate forum to try the action; (ii) the burden of proof rested on the claimant to persuade the court that England was the most appropriate forum and he had to show that that was clearly so; (iii) the question was to identify the forum in which the case could be suitably tried for the interests of all the parties and for the ends of justice; and (iv) the natural forum was the one with which the action had the most real and substantial connection, including factors affecting convenience or expense (such as availability

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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

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Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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