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17 May 2013 / Ross Rymkiewicz
Issue: 7560 / Categories: Features , Commercial
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Meeting the test

How does an English court decide if a claimant will be unable to obtain a fair trial abroad, asks Ross Rymkiewicz

VTB Capital plc v Nutritek International Corp & Ors [2013] UKSC 5 is the latest in a series of cases in which the court has considered the availability of a fair trial for a claimant before a foreign court when deciding whether to grant a stay or permit service out of the jurisdiction on forum non conveniens grounds.

Given the popularity of the English courts as a neutral forum for resolving disputes, this topic looks set to be aired before the courts with increasingly regularity. However, this line of cases shows a reluctance by the courts to set rigid rules as to precisely what will and will not suffice as “positive and cogent evidence” for proving the “real risk” that justice will not be obtained in the foreign court by reason of “incompetence or lack of independence or corruption” (per Lord Collins in AK Investment CJSC v Kyrgyz Mobil Tel Limited & Ors

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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