Description
Where a case raises different issues, one of which would if tried alone result in the exclusive jurisdiction of the court of the domicile of the company the question for the Court is whether the proceedings are in substance or principally concerned with a decision of the organ of the company by taking an overall classification of the issues and forming an overall judgment and that preliminary or incidental matters will not play a major feature in the assessment. A claim to enforce the terms of a commercial agreement for a swap met with a defence of professional negligence in which the defence of ultra vires arose only subsequently was not one in which the proceedings are principally concerned with the decision of the organ of the company.
