“…nce, and to lose sight of the Spiliada test itself. Mr Collins referred to the judgment of Gloster LJ in Erste Group Bank AG v JSC ‘VMZ Red October’ and others [2015] EWCA Civ 379 (at 149) where she criticised the judge below for failing to stand back and ask “the practical question where the fundamental focus of the litigation was to be…”
“…it otherwise found that England was the proper place for the claim. He relied on [150] of the judgment of the Court of Appeal in Erste Bank v JC VMZ RedOctober [2015] EWCA Civ 379; [2015] 1 CLC 706. He submitted that there had been a misuse by MCM of the material from the He affidavit. Whilst this had been purged to some extent by the re…”
“…ted out that Flaux J does not appear to have been referred either to the Harrods case or to the Banco Nacional de Cuba case. When that case reached this court ([2015] EWCA Civ 379; [2015] 1 CLC 706) Flaux J was reversed, not on the question of the applicability of the “gateway;” but on his exercise of discretion to permit the case to pro…”