6th January 2026
Last month, Peter MacDonald Eggers KC sitting in the Commercial Court handed down judgment in Investec Bank Plc v Protopapa & Anor [2025] EWHC 3202 (Comm). The decision is a helpful reminder of the high threshold that defendants must meet to successfully challenge the exercise of the Court’s jurisdiction on forum non conveniens grounds where the contract contains an English jurisdiction clause and a forum non conveniens waiver.
The Court also found that, based on the specific wording of the jurisdiction clause, the defendants were estopped from contending that the courts of England were not the most appropriate forum. The Court did, however, find that – on the facts of the case – the second defendant had not submitted to the court’s jurisdiction by conduct notwithstanding having requested an extension of time to file his Defence. The decision will be of general interest to anybody with an international practice.
Elliott Cook (instructed by Knights) appeared for the Second Defendant.
A copy of the judgment can be found here.
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