Not exact matches
At first instance before the BVI High Court Commercial Division the application for service out was
refused by Bannister J., who felt constrained by the strict wording of the CPR.
Crucially, the question as to whether or not it was reasonable to
refuse to mediate was raised and adjudicated upon
at first instance.
Both Mr Justice Arnold
at first instance and the Court of Appeal
refused VTB permission to amend its claim and held that England was not the appropriate forum.
The judge
at first instance,
refusing the request, said that (i) further testing was unnecessary and (ii) in making the request the expert had exceeded his brief.
The judge
at first instance refused the request and found there was nothing relevant that could be added to existing reports.