A company had sought and obtained leave to serve proceedings on a foreign based company, by serving documents on a local agent. The local agent was an independent contractor, who received and transmitted orders to the company, but who, themselves, had no authority to bind the company in contract.
Held: The section allowed service at a ‘place of business’ within the jurisdiction. As a commission agent, unable to conclude business for the defendants, the address was not a place of business of the defendants. The claim was not validly served.
Judges:
Buxton, Arden, LJJ, Bodey J
Citations:
Gazette 01-Nov-2001, Times 09-Nov-2001, [2001] EWCA Civ 1820, [2002] 1 BCLC 104
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Applied – Adams v Cape Industries plc CA 2-Jan-1990
Proper Use of Corporate Entity to Protect Owner
The defendant was an English company and head of a group engaged in mining asbestos in South Africa. A wholly owned English subsidiary was the worldwide marketing body, which protested the jurisdiction of the United States Federal District Court in . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Company
Updated: 01 April 2022; Ref: scu.166723