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17 February 2017
Issue: 7734 / Categories: Case law , Law digest , In Court
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Conflict of laws

Khrapunov v JSC BTA Bank; JSC BTA Bank v Khrapunov [2017] EWCA Civ 40, [2017] All ER (D) 42 (Feb)

The Court of Appeal ruled, in a case concerning litigation between JSC BTA Bank and its former chairman’s son-in-law (I) that, among other things, contempt of court, in the form of breaches of court orders, qualified as unlawful means for the purposes of that tort. I’s appeal on the issue of whether the bank had established that it had a good arguable cause of action against him for the tort of conspiracy to injure by unlawful means was dismissed. The bank’s appeal concerning the lower court’s rulings on jurisdiction was dismissed in respect of two grounds. However, the bank’s appeal was allowed in respect of limb (b) of Art 5(3) of the Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (the place of the event giving rise to damage).

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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