Practice & procedure

The connection or lack of it with the UK was to be considered under s 25(2) of the Civil Jurisdiction and Judgments Act 1982 under the heading of “inexpediency”. First the court had to consider whether the facts would warrant the relief sought if the substantive proceedings had been brought in England. If the answer to that question was in the affirmative then the second question arose; whether in the terms of s 25(2) the fact that the court had no jurisdiction made it inexpedient to grant the interim relief sought. The statutory test expressly provided for how the approach was to be taken; namely that the court could grant the order but might refuse it within s 25(2). Although s 25 was an exorbitant jurisdiction, it was intended to assist foreign proceedings and foreign courts. However, the court would, obviously, proceed with caution.