Conflict of laws

BAS Capital Funding Corporation v Medfinco Ltd [2003] EWHC 1798 (Ch), Chancery Division, Mr Justice Lawrence Collins, 25 July 2003

Conflict of laws – Service outside the jurisdiction – Investment contract between US, German and Swiss banks for investment in Maltese company – Non-exclusive jurisdiction agreement in favour of English courts – Banks commencing proceedings in England for breach of contract by company and separate claims against controller of company – Application for service outside the jurisdiction – Whether claims fell within scope of jurisdiction agreement – Whether serious issue to be tried on the merits – Whether overlap between English proceedings and separate action in Malta