The claimant sought damages alleging inter alia fraud by the defendant in a company sale between the parties. The defendant now sought to have set aside the service on him in Lebanon, saying that The English court was not the forum coveniens. He also said that the claim was out of time.
Held: The application was rejected. Pursuant to CPR 6.37(5)(b) and/or 6.15(2), the steps taken to bring the claim form to the attention of the respondent amounted to good service of the claim form.
Sir Edward Evans-Lombe
[2011] EWHC 116 (Ch)
Bailii
Civil Procedure Rules 6.37(5)(b) 6.1592), Limitation Act 1980 32(1)
England and Wales
Cited by:
Appeal from – Abela and Others v Baadarani CA 15-Dec-2011
The claimant alleged fraud against the defendant. The defendant now appealed against an order allowing service of the proceedings on him in Lebanon. . .
At first instance – Abela and Others v Baadarani SC 26-Jun-2013
The claimants sought damages alleging fraud in a company share purchase. They said that their lawyer had secretly been working for the sellers. The claim form had been issued, but the claimant had delayed in requesting permission for its service . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Litigation Practice, Limitation
Updated: 08 January 2022; Ref: scu.428371
