In a case alleging knowing assistance in the fraudulent transfer of funds through the banking system, acts forming part of the events had occurred within the jurisdiction. It was proper to join a defendant to the action here, even though he was resident in Spain. Under the Convention the defendants could be sued either in the jurisdiction of their residence or where any of the events giving rise to the tort occurred.
Citations:
Times 06-Feb-2001, Gazette 08-Feb-2001
Statutes:
Brussels Convention on Enforcement of Judgments in Civil and Commercial Matters 1968
Jurisdiction:
England and Wales
Cited by:
See Also – Casio Computer Co Ltd v Sayo and others CA 11-Apr-2001
The court was asked whether a constructive trust claim based on dishonest assistance is a matter ‘relating to tort, delict or quasi delict’ for the purpose of Article 5(3) of the Brussels Convention?
Held: A constructive trust claim based upon . .
See Also – Casio Computer Company Ltd v Sayo and others CA 13-Dec-2001
Applications for leave to appeal. . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction, Equity, Banking
Updated: 08 May 2022; Ref: scu.78936