The defendants sought to challenge the jurisdiction of the English courts. The claimants said that the fact they had appeared in Mareva proceedings, and applied to set aside leave to serve proceedings abroad, and checked the box indicating an intention to defend, had amounted to a waiver of their right to challenge jurisdiction.
Held: To amount to such a waiver, conduct had to be unequivocal. None of the acts were such, and indeed the parties had specifically reserved their rights to challenge jurisdiction. The right had not been waived, and the correct forum was India, not England.
Judges:
The Honourable Mr Justice Patten
Citations:
Times 01-Apr-2003, Gazette 15-May-2003
Jurisdiction:
England and Wales
Jurisdiction
Updated: 18 June 2022; Ref: scu.180339