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Sender:
Lionel Smith
Date:
Thu, 23 Jan 1997 09:52:05 +0000
Re:
Polly Peck - Jurisdiction in cases of title to land

 

Paul Michalik wrote:

From what I remember of undergrad conflicts in 1992, the rule from Penn's case

- that an English court adjudicating in matters of equity, operates on the conscience of the defendant ( ex hypothesi present in the jurisdiction) and not so "directly" on the title to the foreign land outside the J as to infringe any principles of comity-

would allow a claim lie that in Polly Peck to proceed, in spite of the title to foreign land principle from Mocambique.

I remember that rule too, although it never really made that much sense to me since we know that there are equitable proprietary rights even if they are historically sourced in conscience. See Webb v. Webb, [1991] 1 WLR 1410 (ChD), [1994] 3 WLR 901 (ECJ), noted 8 TLI 99.

But this case did not rely on that rule, which I don't think would apply as the claim to the land in Cyprus was not in any way based in equity. Rather Rattee J relied on s 30(1) of the Civil Jurisdiction and Judgments Act, providing that jurisdiction is proper in a tort claim relating to immovable property outside the UK unless the proceedings are principally concerned with a question of the title or the right to possession of that property.

I would have thought that these proceedings were principally so concerned. This is apparently the first case to interpret s 30(1).

 

Lionel


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