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Jurisdiction – Challenge to jurisdiction. The claimant credit rating company brought claims, including the 'alternative declaration claim' in the English court against the defendants, who were said to be investors in financial instruments which had been issued by the defendant bank (the bank). The fifth defendant bank, which was domiciled in The Netherlands, sought a declaration that the English court lacked jurisdiction to hear the claims against it and sought an order setting aside service out of the jurisdiction. The Commercial Court, dismissing the applications, held that there was a lis between the bank and the claimant on the alternative declaration claim.
Jurisdiction – Challenge to jurisdiction. The claimant credit rating company brought claims, including the 'alternative declaration claim' in the English court against the defendants, who were said to be investors in financial instruments which had been issued by the defendant bank (the bank). The fifth defendant bank, which was domiciled in The Netherlands, sought a declaration that the English court lacked jurisdiction to hear the claims against it and sought an order setting aside service out of the jurisdiction. The Commercial Court, dismissing the applications, held that there was a lis between the bank and the claimant on the alternative declaration claim.
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