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Practice – Stay of proceedings. The proceedings concerned a dispute concerning work carried out in Pakistan. In the course of the dispute, proceedings were issued in Pakistan by the defendants, but stayed by the Pakistani court. The claimant company commenced proceedings in England and obtained judgment in default against the defendants. The defendants applied to have, among other things, an order allowing the claimant to serve proceedings out of the jurisdiction and judgment in default set aside. The Commercial Court held that the challenge to jurisdiction would fail, but the judgment would be set aside to allow the claim to be defended on limited grounds.
Practice – Stay of proceedings. The proceedings concerned a dispute concerning work carried out in Pakistan. In the course of the dispute, proceedings were issued in Pakistan by the defendants, but stayed by the Pakistani court. The claimant company commenced proceedings in England and obtained judgment in default against the defendants. The defendants applied to have, among other things, an order allowing the claimant to serve proceedings out of the jurisdiction and judgment in default set aside. The Commercial Court held that the challenge to jurisdiction would fail, but the judgment would be set aside to allow the claim to be defended on limited grounds.
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