Summary

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Conclusions

For the reasons set out above, the court determines as follows:

i) On a proper construction of the Teare Order and the Judgment, the scope of permission to rely on Dutch law expert evidence on the prospects of the Dutch Court recognising or otherwise giving effect to the ISCJ in the Revocation 2 proceedings includes the Dutch law assessment of the procedural fairness (or otherwise) of the ISCJ.

ii) If, contrary to the above conclusion, paragraph 4(4) of the Teare Order did not on its proper construction permit the parties to adduce Dutch law expert evidence on the procedural fairness (or otherwise) of the ISCJ, the court would grant a variation to the Order pursuant to CPR 3.1(7) or for a further order for permission under CPR 35.4 so as to expand the scope of Dutch law expert evidence to include this issue.

iii) The declaration sought by the Applicants is refused.

The parties should endeavour to agree the order consequential on this judgment within 7 days of the hand down of the same. In the absence of agreement, this hearing is adjourned to a date to be fixed (or for decision in writing) for the purpose of any outstanding consequential matters.