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13 November 2007
Issue: 7345 / Categories: Features , Profession
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No place like home

Quality not quantity is likely to determine domicile in the English courts, says Steven Francis

The recent High Court litigation involving Roman Abramovich and the development of part of the Priobskoye oil fields, regarded by one oil analyst as the “pearl of Western Siberia”, addresses important issues of jurisdiction in civil fraud cases. As one would expect in a dispute that involves the convoluted methods by which the harvesting of Russia’s natural resources was put into private hands, the judgment is long (136 pages) and the facts complicated.

The case sheds light on English courts’ attitudes to the instigation of UK litigation that covers substantially the same ground as proceedings brought in overseas courts, a particularly aggressive type of forum shopping. It is a reminder of the limitations that arise when attempting to use equitable remedies to recover losses. And it addresses Mr Abramovich’s place of domicile for the purposes of the service of proceedings. The decision of the court was that the claims against Mr Abramovich should be dismissed.

The key characters in the

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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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