Permission was sought to use alternative service to serve proceedings on a company. There was no exceptional difficulty in ordinary service, but the claimant wanted to ensure that a claim was heard within the UK jurisdiction, and expected that he would have to serve the proceedings by surprise in order to prevent them first issuing in Germany.
Held: This was an inappropriate attempt to misuse the court rules in order to subvert the ordinary rules regulating such matters. The order for alternative service was set aside.
Judges:
Lord Justice Henry, Lord Justice Robert Walker and Lord Justice Rix
Citations:
Times 15-Nov-2001, [2001] EWCA Civ 1570, [2002] 1 WLR 907
Links:
Statutes:
Civil Jurisdiction and Judgments Act 1982
Jurisdiction:
England and Wales
Cited by:
Cited – BAS Capital Funding Corporation, Deutsche Bank Ag London, Paine Webber Capital Inc, PW Exe Lp, Pw Partners 1999 Lp v Medfinco Limited, Abacus Holdings Limited, Andreas W Gerdes, HTC Inc, etc ChD 25-Jul-2003
The claimants wanted to bring actions in respect of various matters under shareholders agreements in complex international joint ventures. Leave was given to serve English proceedings in Malta, and the claim form and particulars of claim were faxed . .
Cited – Basil Shiblaq v Kahraman Sadikoglu (No 2) ComC 30-Jul-2004
The court considered whether there had been effective service of proceedings on defendants in Turkey. Evidence was given as to the effectiveness of such service in Turkish law.
Held: The defendant’s application to set aside the judgment in . .
See Also – Knauf UK Gmbh v British Gypsum Ltd and Another ComC 23-Apr-2002
. .
Cited – Nussberger and Another v Phillips and Another (No 4) CA 19-May-2006
A claim was issued in London in December 2004, and then served in part in Switzerland in January 2005. One copy was removed from the bundle by a Swiss official, seeing that it had been marked ‘Nor for service out of the jurisdiction.’ That marking . .
Cited – Phillips and Another v Symes and others HL 23-Jan-2008
Various parties had sought relief in the English courts and in Switzerland after an alleged fraud. There had been a mistake in service of the proceedings in England. The high court had dispensed with service an backdated the effect of the order to . .
Cited – 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.
Litigation Practice, Jurisdiction
Updated: 04 June 2022; Ref: scu.166838
