Last week, we noted that service of documents abroad via the Foreign Process Section of the Royal Courts of Justice had been suspended. The implications of that decision are significant. Specifically, it may cause huge problems for service in cases involving EU-domiciled defendants. On one analysis, it will in some cases be impossible to serve.
Read moreCoronavirus mini-series: (4) Foreign Process Section
Yesterday, Senior Master Fontaine issued guidance in relation to the work of the Foreign Process Section of the Queen’s Bench Division during the coronavirus pandemic. In summary: The FPS is unable to process tracked postal service requests. Service of judicial and extra-judicial documents is suspended. The processing of requests for service of court documents on…
Read moreBrownlie back in the High Court: Claimant allowed to serve on substitute defendant
Regular readers of this blog will recall our article on the Supreme Court’s judgment in Four Seasons Holdings Incorporated v Brownlie [2017] UKSC 80 (here). In an order drawn up in July 2018, the Supreme Court directed that all consequential matters should be remitted to the High Court and that the Claimant had permission to…
Read moreThomas Cook mini-series – (2) Alternative avenues for claimants
This blog by Philip Mead forms part of a series on the aftermath of the collapse of the package holiday provider Thomas Cook. A previous blog covers the rights of injured claimants to pursue a remedy where a purchase was made with a credit card. Philip assesses other possible avenues against alternative defendants.
Read moreService out of the jurisdiction and ‘damage’ – our take on Four Seasons Holdings Incorporated v Brownlie
In this blog post, Kate Boakes of 12 King’s Bench Walk provides a fresh perspective on the implications of the Supreme Court’s decision in Four Seasons Holdings Incorporated v Brownlie [2017] UKSC 80. The entire judgment, including in particular the Court’s lengthy obiter discussion of the functioning of the CPR’s jurisdictional gateways, is required reading for private international…
Read moreLungowe & Ors v Vedanta Resources Plc v Konkola Copper Mines Plc [2017] EWCA Civ 1528: Anchoring defendants, and suing the parent for the sins of their subsidiaries
This blog is by John-Paul Swoboda of 12 King’s Bench Walk. Chandler v Cape [2012] EWCA Civ 525 was described in the Economist as “A little-noticed court case with big implications”[1]. That was because it was the first time a parent company had successfully been sued for, as the Economist put it, the sins of their…
Read moreNoble Caledonia Limited v Air Niugini Limited [2017] EWHC 1095 (QB) & [2017] EWHC 1393 (QB) – Warsaw Convention, Service out of Jurisdiction
This blog post is by George White of 12 King’s Bench Walk. This claim arose out of a claim in breach of contract against a foreign airline (‘D’). A fuller case commentary is available here.
Read moreMicrosoft Mobile Oy (Ltd) v Sony Europe Ltd and others [2017] EWHC 374 (Ch) – Service out of the Jurisdiction
This blog post is by Philip Mead of 12 King’s Bench Walk. The case concerned the Defendants’ applications to stay the Claimant’s claims or set aside the Claimant’s claims on the basis that the Court had no jurisdiction to hear them. The judgment contains a useful summary of the tests to be applied and applicable…
Read moreGunn & others v Diaz & others [2017] EWHC 157 (QB) – service out of the jurisdiction
This blog is by Patrick Vincent of 12 King’s Bench Walk This was a decision of Mrs Justice Andrews in a catastrophic personal injury claim.The point decided was whether to accede to one of the Defendants’ applications to set aside an order permitting service upon it out of the jurisdiction. Superficially the point is a…
Read moreFUJIFILM KYOWA KIRIN BIOLOGICS CO LTD v (1) ABBVIE BIOTECHNOLOGY LTD (2) ABBVIE LTD [2016] EWHC 2204 (Pat); Jurisdiction gateways and service out of the jurisdiction
This case comment is by Aliyah Akram of 12 King’s Bench Walk. In this patents case the High Court gave detailed consideration to the service out of the jurisdiction gateways.
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