Havlish and others v Islamic Republic of Iran and others

Claim form – Service. The claimant representatives or relatives of the victims of the September 11 2001 terrorist attacks (911) in New York succeeded in their application for an order, pursuant to CPR 6.16(1), dispensing with the service of a claim form on the defendants, the Republic of Iran and others. The claim sought to recover amounts due to the 911 victims from the defendants pursuant to a judgment from a court in the US. The Commercial Court, in granting the claimants' application, ruled that, on the facts, the defendants were aware of the US judgment and of efforts to enforce it, and that there were exceptional circumstances which justified dispensing with service of the claim form, including the Foreign & Commonwealth Office's inability, despite several attempts, to serve the defendants in Iran in the normal way.

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