service out of jurisdiction – Current Awareness

TikTok: lawyers ‘unwisely’ waited until last minute – Law Society’s Gazette

Posted March 10th, 2022 in brexit, children, internet, misuse of private information, news, privacy, service, service out of jurisdiction, time limits by tracey

‘The High Court has dealt a blow to the claimant in a high-profile privacy claim against social media platform TikTok after refusing an extension of time for service.
In SMO (A Child) v Tiktok Inc & Ors Mr Justice Nicklin said that the “inescapable reality” of why the claimant needed an extension was that she had waited until the last minute to meet key deadlines.’

Full Story

Law Society's Gazette, 9th March 2022

Source: www.lawgazette.co.uk

New rules to tackle offshore crypto crime – Law Society’s Gazette

Posted March 1st, 2022 in civil procedure rules, cryptocurrencies, disclosure, fraud, news, service out of jurisdiction by sally

‘New rules to help the courts trace cryptoassets overseas are being drawn up to deal with the increasing volume of litigation in this area, the master of the rolls revealed yesterday. “In the world of crypto fraud, there are no national barriers and unlawfully obtained cryptoassets can be difficult to trace,” Sir Geoffrey Vos told an audience of lawtech specialists in London.’

Full Story

Law Society's Gazette, 25th February 2022

Source: www.lawgazette.co.uk

Briton gets high court go-ahead to sue Interpol chief over torture claim – The Guardian

Posted February 9th, 2022 in assault, damages, diplomats, false imprisonment, foreign jurisdictions, holidays, immunity, news, service out of jurisdiction, sport, torture by sally

‘A British football fan who claims he was tortured and falsely imprisoned in the United Arab Emirates in 2019 while on holiday there to watch Asian Cup matches is suing the new head of Interpol.’

Full Story

The Guardian, 8th February 2022

Source: www.theguardian.com

Top UK court blocks legal action against Google over internet tracking – The Guardian

Posted November 11th, 2021 in appeals, class actions, compensation, damages, data protection, fines, internet, news, privacy, service out of jurisdiction, Supreme Court, telecommunications by sally

‘A £3bn legal action against Google over claims it secretly tracked the internet activity of millions of iPhone users has been blocked by the UK supreme court.’

Full Story

The Guardian, 10th November 2021

Source: www.theguardian.com

Freezing injunctions are permitted without an underlying cause of action, rules Privy Council – Littleton Chambers

Posted November 4th, 2021 in foreign jurisdictions, freezing injunctions, injunctions, news, Privy Council, service out of jurisdiction by sally

‘On 4 October 2021, Privy Council handed down a landmark judgment in Convoy Collateral Ltd v Broad Idea International Ltd and Cho Kwai Chee [2021] UKPC 24. Lord Leggatt’s majority judgment provides the first comprehensive legal foundation for freezing and interim injunctions, and removes many of the restrictions imposed on injunctions by previous cases.’

Full Story

Littleton Chambers, 7th October 2021

Source: littletonchambers.com

New Judgment: FS Cairo (Nile Plaza) LLC (Appellant) v Brownlie (Respondent) [2021] UKSC 45 – UKSC Blog

Posted October 22nd, 2021 in accidents, appeals, damages, foreign jurisdictions, news, personal injuries, service out of jurisdiction, Supreme Court by sally

‘In January 2010 the respondent and their husband were on holiday in Egypt. They stayed at the Four Seasons Hotel Cairo at Nile Plaza. On 3 January 2010, they went on a guided driving tour booked through the hotel. The vehicle they were travelling in during the tour crashed, killing the respondent’s husband and seriously injuring the respondent.’

Full Story

UKSC Blog, 20th October 2021

Source: ukscblog.com

‘Vulnerability’ added to overriding objective and costs rules – Litigation Futures

Posted February 3rd, 2021 in civil procedure rules, costs, evidence, news, proportionality, service out of jurisdiction, witnesses by sally

‘Taking account of the vulnerability of parties and witnesses is to be added to the overriding objective as well as the factors used to determine the proportionality of costs.’

Full Story

Litigation Futures, February 2021

Source: www.litigationfutures.com

Service out of the jurisdiction after 31 December 2020: the end of service out without permission? – EU Relations Law

Posted November 18th, 2020 in brexit, civil procedure rules, EC law, news, service out of jurisdiction by sally

‘Until 31 December 2020, if the English court has jurisdiction to hear a claim under the Brussels Regulation (recast), the claimant does not need permission to serve the claim form out of the UK (CPR rule 6.33(2)).’

Full Story

EU Relations Law, 17th November 2020

Source: eurelationslaw.com

TCC decides adjudicator did not stray off course – Practical Law Construction Blog

Posted May 27th, 2020 in construction industry, dispute resolution, news, service out of jurisdiction by sally

‘This was a case about the enforcement of an adjudicator’s decision (as so many are) and involved many of the usual arguments (as so many do), such as did the adjudicator have jurisdiction to reach the decision and was there a breach of the rules of natural justice? Unusually, the judge also had to consider an application to serve proceedings out of the jurisdiction, something I’m not really familiar with but, luckily, Helena White has already talked about that in her blog. That means I don’t need to mention whether enforcement proceedings should have been started in England or Northern Ireland, and leaves me to look at the jurisdiction and natural justice issues in more detail.’

Full Story

Practical Law Construction Blog, 13th May 2020

Source: constructionblog.practicallaw.com

Service gateways—no English jurisdiction due to failure to show ‘substantial and efficacious acts committed within the jurisdiction’ (Manek & Ors v IIFL Wealth (UK) Ltd & Ors) – Hardwicke Chambers

Posted January 16th, 2020 in fraud, jurisdiction, misrepresentation, news, service out of jurisdiction by sally

‘The claimants sought to continue a fraudulent misrepresentation claim against two defendants who had been served out of the jurisdiction, but the Court held that the jurisdictional gateways relied upon under Practice Direction 6B were not made out.’

Full Story

Hardwicke Chambers, 8th January 2020

Source: hardwicke.co.uk

Court of Appeal gives green light to consumer rights campaigner in 4 million person strong representative action against Google – Henderson Chambers

Posted October 30th, 2019 in appeals, class actions, consent, consumer protection, data protection, internet, news, privacy, service out of jurisdiction by sally

‘On 2 October 2019, the Court of Appeal, in a unanimous judgment given by Sir Geoffrey Vos, Chancellor of the High Court, upheld the Claimant’s appeal in the case of Richard Lloyd v Google LLC [2019] EWCA Civ 1599. The Court of Appeal reversed the decision of the court below and gave Mr Lloyd permission to serve Google LLC outside the jurisdiction (in the US), enabling him to proceed with his representative action. The class he represents is composed of an estimated 4 million Apple iPhone users. Any substantive judgment will prove interesting in demonstrating the role of representative and group actions in the space of consumer rights at the intersection of tech and information rights. Google LLC, however, has confirmed that it intends to appeal this procedural point to the Supreme Court.’

Full Story

Henderson Chambers, 7th October 2019

Source: www.hendersonchambers.co.uk

Browser Generated Information: “loss of control” entitles search engine users to compensation – UK Human Rights Blog

Posted October 7th, 2019 in appeals, class actions, compensation, consumer protection, damages, data protection, EC law, news, privacy, service out of jurisdiction by tracey

‘Richard Lloyd v. Google LLC [2019] EWCA Civ 1599. The Court of Appeal has ruled that a claimant can recover damages for loss of control of their data under section 13 of Data Protection Act 1998 without proving pecuniary loss or distress. The first instance judge, Warby J, had dismissed Mr Lloyd’s application for permission to serve Google outside the jurisdiction in the USA, so preventing the claim getting under way.’

Full Story

UK Human Rights Blog, 4th October 2019

Source: ukhumanrightsblog.com

Service by Whatsapp? – Family Law

Posted September 9th, 2019 in cohabitation, financial dispute resolution, foreign jurisdictions, news, service out of jurisdiction, telecommunications by tracey

‘In a recent dispute between cohabitees, the court has upheld an order that a claim form could be served on a defendant out of the jurisdiction by way of a Whatsapp message.’

Full Story

Family Law, 4th September 2019

Source: www.familylaw.co.uk

The duty of full and frank disclosure in worldwide freezing orders and service out applications (Tugushev v Orlov (No. 2)) – Hardwicke Chambers

Posted August 29th, 2019 in disclosure, freezing injunctions, news, service out of jurisdiction, unlawful means conspiracy by sally

‘The most recent episode in litigation between two Russian Oligarch involving an application to set aside a World-wide Freezing Order (“WFO”) and permission for service out of jurisdiction (“Service Out Order”) for failures in the duty of full and frank disclosure (“the Full and Frank Duty”).’

Full Story

Hardwicke Chambers, 9th August 2019

Source: hardwicke.co.uk

Wealthy divorcee sues lover by serving legal papers on him using WhatsApp – Daily Telegraph

Posted June 27th, 2019 in choice of forum, internet, news, service, service out of jurisdiction by sally

‘A divorcee already worth £90 million has won the right to fight to sue her former lover in the UK over tens of millions of assets after serving court papers on him via WhatsApp.’

Full Story

Daily Telegraph, 25th June 2019

Source: www.telegraph.co.uk

New Judgment: Vedanta Resources PLC & Anor v Lungowe & Ors [2019] UKSC 20 – UKSC Blog

Posted April 10th, 2019 in appeals, environmental health, environmental protection, foreign jurisdictions, jurisdiction, news, personal injuries, pollution, service out of jurisdiction, Supreme Court by sally

‘1826 Zambian citizens issued proceedings against Zambian company KCM and Vedanta (KCM’s ultimate parent company) for personal injury, damage to property and loss of income, amenity and enjoyment of land as a result of pollution and environmental damage caused by discharges of harmful effluent from the Nchanga mine since 2005. Vedanta was served within the jurisdiction, while KCM was served out of the jurisdiction, with permission obtained on a without notice application. In September and October 2015 Vedanta and KCM respectively applied for declarations that the court lacked jurisdiction to try the claims or, alternatively, that it should not exercise such jurisdiction that it might have. Coulson J dismissed those applications. The Court of Appeal upheld the dismissal of those applications.’

Full Story

UKSC Blog, 10th April 2019

Source: ukscblog.com

Are You Being Served? Rules On International Service in Family Cases – Family Law Week

Posted October 24th, 2018 in conflict of laws, documents, EC law, electronic mail, families, international law, news, service out of jurisdiction by tracey

‘Sarah Lucy Cooper, barrister, Thomas More Chambers considers the issue of international service in family cases.’

Full Story

Family Law Week, 21st October 2018

Source: www.familylawweek.co.uk

Sheikh Mohamed Bin Issa Al Jaber v Sheikh Walid Bin Ibrahim Al Ibrahim – Blackstone Chambers

Posted August 9th, 2018 in interest, news, service out of jurisdiction by sally

‘The Court of Appeal has given judgment in this case concerning (i) the proper approach to applications for permission to service out of the jurisdiction and (ii) the implication of terms as to interest.’

Full Story

Blackstone Chambers, 18th July 2018

Source: www.blackstonechambers.com

Charlene Ashiru on Protecting Your Judgment: A New Tort of Asset-Stripping? – Littleton Chambers

Posted May 17th, 2017 in debts, freezing injunctions, judgments, jurisdiction, news, service out of jurisdiction, unlawful means conspiracy by sally

‘Whilst it might be tempting as a Defendant company to dissipate assets to avoid Judgment debts, it is ill-advised and is unlikely to provide an easy escape.’

Full story

Littleton Chambers, 16th May 2017

Source: www.littletonchambers.com

R+V Versicherung AG v Robertson & Co SA – WLR Daily

Posted June 9th, 2016 in conflict of laws, EC law, jurisdiction, law reports, service out of jurisdiction, third parties by sally

R+V Versicherung AG v Robertson & Co SA [2016] EWHC 1243 (QB)

‘The claimant reinsurer, a German company, engaged the defendant, a Swiss company, to provide loss-adjusting services in joint instruction with another reinsurer, AIG, a New Zealand-based company, which was already instructing the defendant. When a dispute arose between the claimant and the defendant concerning the performance of its loss-adjusting services, the claimant brought proceedings in England on the basis that it had contracted with the defendant on terms contained in a master agreement made between the defendant and another AIG company which provided for application of English law and the exclusive jurisdiction of the English courts. The claimant served the proceedings on the defendant, relying on article 23 of the Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters 2007. The defendant, denying that the terms of the master agreement had been incorporated into its contract with the claimant, applied to set aside service of the proceedings for want of jurisdiction.’

WLR Daily, 27th May 2016

Source: www.iclr.co.uk