MAPLE LEAF MACRO VOLATILITY MASTER FUND AND ANOTHER v ROUVROY AND ANOTHER [2009] EWHC 257 (Comm)

[2009] 1 Lloyd's Rep. 475

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Andrew Smith

Funding Agreement - Claim for breach and claim for deceit - Whether English court possessed jurisdiction - Whether defendants had submitted to the jurisdiction of the English courts by entering appearance - Scope of exclusive jurisdiction agreement - Whether agreement a consumer agreement - Whether tort committed in England - Council Regulation (EC) No 44/2001, articles 5(3), 15, 23 and 24 - Validity of Funding Agreement - Intention to create legal relations - Whether there was a breach of the Funding Agreement - Whether termination provisions in Funding Agreement constituted a penalty at common law - Scope of Unfair Terms in Consumer Contracts Regulations 1999 - Scope of Consumer Credit Act 1974, sections 140A and 140B - Whether defendants liable in the tort of deceit - Whether defendants had counterclaim under section 150 of the Financial Services and Markets Act 2000 for breach of Conduct of Business Rules