Category: service out of jurisdiction

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

Retrospectively Validating Steps Taken by a Claimant as Good Alternative Service Under CPR 6.15(2) – if a court finds that there is a single good reason to do so, there is no further discretion not to deem the service good – Zenith PI Blog

Posted June 3rd, 2015 in appeals, civil procedure rules, news, service out of jurisdiction, Supreme Court, time limits by sally

‘CPR r.6.15(1) provides that where it appears to the court that there is a good reason to authorise service by a method or at a place not otherwise permitted by Part 6, the court may make an order permitting service by an alternative method or at an alternative place.’
Full story

Zenith PI Blog, 2nd June 2015

Source: www.zenithpi.wordpress.com

Vidal-Hall v Google Inc (Information Commissioner intervening) – WLR Daily

Posted April 8th, 2015 in appeals, civil procedure rules, confidentiality, damages, data protection, human rights, internet, interpretation, jurisdiction, law reports, misuse of private information, personal injuries, privacy, service out of jurisdiction by sally

Vidal-Hall v Google Inc (Information Commissioner intervening) [2015] EWCA Civ 311; [2015] WLR (D) 156

‘A claim for misuse of private information should be categorised as a tort for the purposes of service of proceedings out of the jurisdiction.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

Clavis Liberty Fund LPI v Revenue and Customs Commissioners and others – WLR Daily

Posted February 18th, 2015 in law reports, service out of jurisdiction, taxation, tribunals, witnesses by sally

Clavis Liberty Fund LPI v Revenue and Customs Commissioners and others [2015] WLR (D) 69

‘The First-tier Tribunal Tax Chamber had no jurisdiction to issue witness summonses addressed to prospective witnesses who had no presence in the jurisdiction.’

WLR Daily, 12th February 2015

Source: www.iclr.co.uk

Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc – WLR Daily

Posted September 22nd, 2014 in agency, civil procedure rules, compensation, contracts, law reports, practice directions, service out of jurisdiction by sally

Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc [2014] EWHC 2908 (Ch); [2014] WLR (D) 400

‘A claim brought under regulation 17 of the Commercial Agents (Council Directive) Regulations 1993 for compensation on determination of an agency agreement was not in respect of a contract or a breach of contract. Accordingly, the jurisdictional gateways for service out of the jurisdiction in paragraph 3.1(6) and (7) of Practice Direction 6B supplementing CPR Pt 6 did not apply.’

WLR Daily, 29th August 2014

Source: www.iclr.co.uk

Vidal-Hall and others v Google Inc – WLR Daily

Posted January 27th, 2014 in civil procedure rules, data protection, internet, jurisdiction, law reports, misuse of private information, practice directions, privacy, service out of jurisdiction by sally

Vidal-Hall and others v Google Inc [2014] EWHC 13 (QB); [2014] WLR (D) 21

‘A claim for misuse of private information was a tort within the meaning of para 3.1(9) of Practice Direction 6B—Service out of the jurisdiction.’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

Dar Al Arkan Real Estate Development Co and another v Majid Al-Sayed Bader Hashim Al Refai and others – WLR Daily

Posted January 20th, 2014 in civil procedure rules, company directors, contempt of court, jurisdiction, law reports, Saudi Arabia, service out of jurisdiction by sally

Dar Al Arkan Real Estate Development Co and another v Majid Al-Sayed Bader Hashim Al Refai and others [2013] EWHC 4112 (QB); [2013] WLR (D) 9

‘CPR r 81.4(3), which gave the court power to order that a company director or officer be imprisoned for a company’s contempt, applied to a director who was outside the jurisdiction.’

WLR Daily, 20th December 2013

Source: www.iclr.co.uk

The Google/Safari users case: a potential revolution in DPA litigation? – Panopticon

Posted January 17th, 2014 in data protection, internet, misuse of private information, news, privacy, service out of jurisdiction, telecommunications by sally

‘I posted earlier on Tugendhat J’s judgment this morning in Vidal-Hall and Others v Google Inc [2014] EWHC 13 (QB). The judgment is now available here – thanks as ever to Bailii.’

Full story

Panopticon, 16th January 2014

Source: www.panopticonblog.com

VTB Capital plc v Nutritek and others – WLR Daily

Posted February 7th, 2013 in appeals, banking, freezing injunctions, law reports, loans, misrepresentation, service out of jurisdiction, Supreme Court by sally

VTB Capital plc v Nutritek and others [2013] UKSC 5; [2013] WLR (D) 41

“Where a claimant alleged that it had been induced by the fraudulent misrepresentations of a third party to enter a contract with a company, and sought to make a contractual claim against the third party as being jointly and severally liable with the company, it was not appropriate for the court to pierce the corporate veil, even if it could do so on appropriate facts, since to do so would render the third party liable as if he had been a co-contracting party with the company when he had not, and when none of the contracting parties, including the claimant, had intended that he should be.”

WLR Daily, 6th February 2013

Source: www.iclr.co.uk

VTB Capital plc (Appellant) v Nutritek International Corp and others (Respondents) – Supreme Court

Posted February 6th, 2013 in appeals, banking, freezing injunctions, law reports, loans, misrepresentation, service out of jurisdiction, Supreme Court by sally

VTB Capital plc (Appellant) v Nutritek International Corp and others (Respondents) [2013] UKSC 5 | UKSC 2012/0167 (YouTube)

Supreme Court, 6th February 2013

Source: www.youtube.com/user/UKSupremeCourt

British American Tobacco Switzerland SA and others v Exel Europe Ltd and others; British American Tobacco Denmark A/S and others v Exel Europe Ltd and another – WLR Daily

Posted March 28th, 2012 in carriage of goods, jurisdiction, law reports, service out of jurisdiction, theft by sally

British American Tobacco Switzerland SA and others v Exel Europe Ltd and others; British American Tobacco Denmark A/S and others v Exel Europe Ltd and another [2012] EWHC 694 (Comm) QB; [2012] WLR (D) 98

“Article 31.1 of the Convention on the Contract for the International Carriage of Goods by Road, set out in the Schedule to the Carriage of Goods by Road Act 1965, restricted the courts where an action could be brought against a defendant, and the fact that the English court had jurisdiction under article 31.1 to entertain an action against one of a series of carriers of the same goods did not enable successive carriers of those goods, in respect of whom the court did not otherwise have jurisdiction under article 31.1, to be joined in the same proceedings.”

WLR Daily, 23rd March 2012

Source: www.iclr.co.uk

Cecil and others v Bayat and others – WLR Daily

Posted February 23rd, 2011 in civil procedure rules, law reports, service out of jurisdiction, time limits by sally

Cecil and others v Bayat and others [2011] EWCA Civ 135; [2011] WLR (D) 51

“The claimants in a proposed action for breach of contract and damages were not entitled unilaterally to decide to postpone service of their claim form out of the jurisdiction under CPR 7.6(1). They should have served the form in the period of its initial validity, and, if they were not in a financial position to proceed immediately with the claim, they should have issued an application seeking a stay, or an extension of the time for procedural steps to be taken. The fact that the claimants spent the period of initial validity seeking a conditional fee agreement and after-the-event insurance was not a valid reason for their not having served the claim form, since their funds were sufficient to serve the claim even if they were not then in a position to fund the entire course of the litigation.”

WLR Daily, 21st February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Masri v Consolidated Contractors International (UK) Ltd and others (No 4) – WLR Daily

Posted August 3rd, 2009 in debts, execution, foreign companies, judgments, law reports, service out of jurisdiction by sally

Masri v Consolidated Contractors International (UK) Ltd and others (No 4) [2009] UKHL 43; [2009] WLR (D) 275

“There was no jurisdiction under CPR Pt 71 for a judgment creditor who was owed a judgment debt by a foreign company to obtain an order for the examination of the company’s officer who was outside the jurisdiction.”

WLR Daily, 31st July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Metropolitan International Schools Ltd v Designtechnica Corporation and Others – Times Law Reports

Posted August 3rd, 2009 in defamation, internet, law reports, service out of jurisdiction by sally

Metropolitan International Schools Ltd v Designtechnica Corporation and Others

Queen’s Bench Division

“An internet search engine was not a publisher at common law.”

The Times, 3rd August 2009

Source: www.timesonline.co.uk

NML Capital Ltd v Republic of Argentina – Times Law Reports

Posted February 11th, 2009 in law reports, service, service out of jurisdiction, state immunity by sally

NML Capital Ltd v Republic of Argentina

Queen’s Bench Division

“A foreign state was not entitled to claim sovereign immunity to avoid enforcement of a judgment validly obtained in another overseas jurisdiction.”

The Times, 11th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Phillips and Another v Symes and Others (No 4) – Times Law Reports

Posted January 28th, 2008 in law reports, service out of jurisdiction by sally

Phillips and Another v Symes and Others (No 4)

House of Lords

“A High Court judge was entitled to exercise his discretion to dispense with service of an English language claim form on defendants abroad in order to enable a case launched in England to take priority over proceedings in Switzerland.”

The Times, 28th January 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available  free on Times Online for 21 days from the date of publication. 

Phillips and another v Symes and others – WLR Daily

Posted January 24th, 2008 in law reports, service out of jurisdiction by sally

Phillips and another v Symes and others [2008] UKHL 1; [2008] WLR (D) 6

“A judge was entitled in exceptional circumstances to dispense under CPR r 6.9 with service of a claim form so that the claimants would have priority of seisin under art 21 of the Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (Sch 3C to the Civil Jurisdiction and Judgments Act 1982).”

WLR Daily, 23rd January 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed. 

Tasarruf Mevduati Sigorta Fonu v. Demirel and Another – Times Law Reports

Posted August 24th, 2007 in civil procedure rules, law reports, service out of jurisdiction by sally

Foreign judgment claim

Tasarruf Mevduati Sigorta Fonu v. Demirel and Another

Court of Appeal

“A claimant did not have to establish that a defendant had assets within the jurisdiction in order to obtain permission to serve a claim out of the jurisdiction to enforce a foreign judgment.”

The Times, 24th August 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Tasarruf Mevduati Sigorta Fonu v Demirel and another [2007] EWCA Civ 799 – WLR Daily

Posted July 31st, 2007 in civil procedure rules, law reports, service out of jurisdiction by michael

Tasarruf Mevduati Sigorta Fonu v Demirel and another [2007] EWCA Civ 799

“The court had power under CPR r 6.20(9) to permit service outside the jurisdiction of a claim to enforce a foreign judgment where the defendant, who lived abroad, had no assets in the jurisdiction. Ordinarily it would not be just to permit service outside the jurisdiction unless there was a real prospect of a legitimate benefit to the claimant from the English proceedings.”

WLR Daily, July 30th 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

WPP Holdings Italy Srl and Others v. Benatti – Times Law Reports

Posted April 16th, 2007 in law reports, service out of jurisdiction by sally

Deciding which court was first seised of the action

WPP Holdings Italy Srl and Other v. Benatti

Court of Appeal  

“The court first seised of an action where two parties issued proceedings against each other in different European Union jurisdictions was the one where the document instituting the proceedings was first lodged with the court or was first received by the authority responsible for service.”

The Times, 16th April 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.