Plaintiff may reframe pleading on appeal to influence proper forum analysis

07 Jul 2020

In the recent Bidzina Ivanishvili case, the High Court stayed the action in favour of Switzerland. At the appeal stage, the appellants discontinued claims against one of the defendants. The ensuing amendments to the pleadings, which were granted by the Court of Appeal, influenced the shape of the litigation. This led to a majority of the Court of Appeal overturning the High Court’s decision. 

Drew & Napier’s Cavinder Bull, SC and Director Woo Shu Yan led the team that was successful in this appeal.

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