Mar-Train Heavy Haulage Ltd v Shipping.DK Chartering and others

Claim form – Service. The proceedings concerned a dispute arising from an accident in the transportation of a wind turbine by the claimant haulage company, Mar-Train. The first defendant company, F&T, applied to set aside service of the claim form and for a declaration that the English court had no jurisdiction to hear the claim. The issue arose as to whether there was a good arguable case that ALS had acted as F&T's agent when it contracted with Mar-Train. The Commercial Court held that, on the evidence, Mar-Train had an arguable case, and hence the application would be dismissed.

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