Sentences with phrase «good arguable case»

Orexim's s. 423 and declaration claims did not show a good arguable case of falling within a jurisdictional gateway.

It had to establish a good arguable case that the parties concluded the alleged jurisdictional agreement.

The issues included whether or not the claimant had established that each cause of action in respect of which he claimed stood a reasonable prospect of success for the purposes of CPR 6.20 and 6.21 and whether, in respect of each of his claims, he had a good arguable case that the claim fell within one or more of the types of claim specified in CPR 6.20.

For a successful result, the applicant must prove that there is a good arguable case, there must be a real risk of dissipation of assets which is often difficult to prove, and it must be just and convenient to grant the freezing order.

The parties disagreed as to the approach that the court should take in respect of the latter requirement in circumstances where there were two conflicting accounts as to what occurred at a meeting, which the court could not resolve on written evidence alone; in particular, where both sides might be said to have a good arguable case.

If it were otherwise it would appear to follow that a defendant who had at least as good a chance of showing that he did not agree to litigate in England as the claimant had of showing that he did, would be likely to find himself compelled to litigate in England, on the footing that, once a good arguable case was made out in favour of an English exclusive jurisdiction clause, discretionary considerations would be unlikely to call for the case to be decided elsewhere.

In summary, the Supreme Court's latest decision in the JSC BTA Bank litigation adds to the civil fraud litigator's toolkit: he can now raise a claim in conspiracy founded on contempts of court; he may be able to bring a damages claim for simple contempt; and he can sue in England where there is a good arguable case that a conspiracy has been hatched here.

Lord Sumption clarified that, whilst a claimant need not satisfy the civil burden of proof on jurisdiction issues, he must show he has a better argument on the material available, or a good arguable case.

is a good arguable case for the application of the gateway if there is a plausible (albeit contested) evidential basis for it.

Merits of the application: The test is whether you have an arguable case (rather than a good arguable case)(Re B (A child)(Care proceedings: joinder)[2012] EWCA Civ 737).

On an application for an interim receiving order under the Proceeds of Crime Act 2002, s 246, the Assets Recovery Agency (ARA) must first establish a good arguable case that a certain kind of unlawful conduct occurred, and then a good arguable case that property was obtained through that kind of unlawful conduct.

However, the ARA is not required to establish a good arguable case that any property was obtained through a specific criminal offence.

(ii) The court should not automatically exercise its discretion in favour of permitting service out of the jurisdiction unless it is just to do so; the claimant has to show that he has a good arguable case that judgment should be given based upon the foreign judgment and that he could reasonably expect a benefit from such a judgment.

In her decision, Conway wrote: ``... the Crown has established a good arguable case that the JCDs conspired and acted in concert in committing tobacco related wrongs.

Without notice injunction To obtain a freezing injunction the claimant must show a good arguable case and that there is a risk of dissipation of assets.

Sufficient evidence Sufficient evidence to persuade the court of a good arguable case that the warranties amounted to fraudulent misrepresentation and to show a risk of dissipation could have been obtained at a very early stage, even though the full extent of the fraud on Mars was not discovered until well into the investigation.

It was therefore necessary for Yeung to demonstrate that he had a good arguable case involving a substantive question of fact or law to be tried on the merits of his claim.

His Lordship was satisfied that Kolden had a good arguable case that the assignment was valid as a legal assignment under s 136 of the Law of Property Act 1925.