Challenging Jurisdiction In Complex International Fraud Claims

In the recent case of Re Harrington and Charles Trading Co Ltd (in Liquidation) [2023] EWHC 307 [Ch], the High Court had to grapple with the Defendants' challenge to the English Court's jurisdiction in an alleged billion-dollar fraud spanning multiple jurisdictions and a complex web of entities.

In so doing, the judgment provides a detailed insight into the Court's approach to such challenges and the issues upon which an application challenging the English Court's jurisdiction might turn.

The Facts

The case was one of extraordinary complexity. It begins with two Indian companies ("W" and "FP") which entered into "Precious Metal Facility" agreements with eight banks in 2008 (the "Bullion Banks"), which were essentially loan credit facilities for the banks to supply bullion when drawn down by W and FP, which were repayable within 270 days. In turn, in 2009, those drawdowns of bullion were securitised by a consortium of Indian banks via a joint working capital