Conclusions
Conclusion
For the reasons given above,
the application by notice dated 9 December 2024 is allowed, and time is extended as sought;
the application by notice dated 24 January 2025 is allowed, and I will declare that the English court has no jurisdiction over Iftikhar in relation to the 2019 English Partnership Claim;
the application by notice dated 26 January 2025 concerning the first two applications falls away and is not determined;
the application by notice dated 26 January 2025 concerning the 1987 Action is dismissed;
the application by notice dated 6 May 2025 is allowed, and the automatic stay is lifted to enable the first two applications to be made.
The result therefore is that (i) the claim form in the 2019 English Partnership Claim has never been served during its currency on Iftikhar and his siblings, and has now expired, and (ii) the 1987 English Partnership Action remains subject to stay. In effect, the Partnership Proceedings are at an end. I should be grateful to receive a minute of order, preferably agreed, giving effect to this judgment.
- Heading
- Introduction
- The five applications
- The evidence
- History of the litigation
- The 2018 Possession Claim: trial and appeals
- The present applications
- The 2019 English Partnership Claim
- Challenging the jurisdiction of the English court
- Procedure
- Iftikhar’s application of 6 May 2025
- Was Iftikhar served with the 2019 English Partnership Claim?
- Should the court set aside the permission to serve out?
- Other arguments for service on Iftikhar
- Declaration
- Forum non conveniens
- Strike-out/reverse summary judgment
- The remaining applications
- Conclusions
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