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You are here: BAILII >> Databases >> England and Wales High Court (Commercial Court) Decisions >> Aoun v Bahri & Anor [2002] EWHC 29 (Comm) (06 February, 2002) URL: https://www.bailii.org/ew/cases/EWHC/Comm/2002/29.html Cite as: [2002] EWHC 29 (Comm) |
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QUEENS BENCH DIVISIONCOMMERCIAL
COURT
Royal Courts of Justice Strand, London, WC2A 2LL | ||
B e f o r e :
____________________
Mohamad Ali Aoun | Claimant | |
- and - | ||
Hassan Bahri - and - Costas Angelou | First Defendant Second Defendant |
____________________
Mr. Graham Dunning Q.C. and Mr. Stephen Houseman (instructed by Constant & Constant) for the first defendant
Mr. Huw Davies (instructed by Barlow Lyde & Gilbert) for the second defendant
____________________
PURSUANT TO THE PRACTICE STATEMENT ISSUED BY THE MASTER OF THE ROLLS ON 9TH JULY 1990 I HEREBY CERTIFY THAT THE ATTACHED TEXT RECORDS MY HTML VERSION OF JUDGMENT IN THIS MATTER AND DIRECT THAT NO FURTHER RECORD OR TRANSCRIPT OF THE SAME NEED BE MADE.
THE HON. MR. JUSTICE MOORE-BICK
Crown Copyright ©
Mr Justice Moore-Bick:
(a) that he is ordinarily resident outside the jurisdiction and is not a person against whom a claim can be enforced under the Brussels or Lugano Conventions (rule 25.13(2)(a));
(b) that he has changed his address since the claim was commenced
with a view to evading the consequences of the litigation (rule 25.13(2)(d));
(c) that he gave an incorrect address in the claim form (rule 25.13(2)(e)); and
(d) that he has taken steps in relation to his assets that would make it more difficult to enforce an order for costs against him (rule 25.13(2)(g)).
Incorrect address given in the claim form
Change of address since the commencement
of the action with a view to evading the consequences of the litigation
Taking steps in relation to his assets that would make it difficult to enforce an order for costs against him.
Mr. Aoun’s ordinary place of residence
“ I unhesitatingly subscribe to the view that “ordinarily resident” refers to a man's abode in a particular place or country which he has adopted voluntarily and for settled purposes as part of the regular order of his life for the time being, whether of short or of long duration.
There is, of course, one important exception. If a man’s presence in a particular place or country is unlawful, e.g. in breach of the immigration laws, he cannot rely on his unlawful residence as constituting ordinary residence”
Discretion