This case provides a useful outline of the complicated questions that will arise in respect of an argument that a claim brought in England is an abuse of process, where a linked judgment has been obtained outside of the jurisdiction. Key to the question of abuse will be the precise nature of the two disputes and the parties in question, as well as the presence of an exclusive jurisdiction clause within the contract providing that England is the relevant forum.
This article was first published by Lexis®PSL on 30/04/2020
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