Turner v Norton (Ch D)
Tim Jenns acted for the successful Defendant, a British Citizen resident in Barbados. The Claimant, also a British Citizen resident in Barbados, sued the Defendant seeking to recover sums allegedly due under a loan agreement made between the parties. The loan was advanced in Barbados and denominated in Barbadian dollars in order to fund the development of properties in Barbados and made subject to an agreement governed by “United Kingdom” law.
The Claimant obtained permission from Master Price, ex parte, to serve the Defendant out of the jurisdiction in Barbados. The Defendant applied to set aside the service out order.
Less than 24 hours before the inter partes hearing, the Claimant abandoned her original claim and sought to justify service out on a fresh basis; bringing an amendment application which articulated a new legal and factual basis for the claim.
On 15 February 2017, in an ex tempore judgment delivered at the conclusion of a 1 day hearing, Master Price dismissed the Claimant’s amendment application and granted the Defendant’s application to set aside service on the basis that (1) the Court was not in a position to conclude that the new claim had reasonable prospects of success; and (2) in any event, England was not clearly and distinctly the appropriate forum for the trial of the action: the forum conveniens was Barbados.