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Practice – Service out of jurisdiction. The claimant bank brought claimants against the first defendant, as borrower, and the second to sixth defendants, as guarantors, following default by the first defendant in the repayment of substantial sums of money advanced by the bank. The bank was granted permission for service outside the jurisdiction in respect of the eighth defendant, whose debts to the first defendant had been assigned to the bank. The eighth defendant applied for an order setting aside the claim form and a declaration that the English court lacked jurisdiction. The Commercial Court held that the bank had failed to show that the eight defendant was a necessary and proper defendant to the claim. Further, England was not the proper forum. The application to set aside service and the declaration sought were granted.
Practice – Service out of jurisdiction. The claimant bank brought claimants against the first defendant, as borrower, and the second to sixth defendants, as guarantors, following default by the first defendant in the repayment of substantial sums of money advanced by the bank. The bank was granted permission for service outside the jurisdiction in respect of the eighth defendant, whose debts to the first defendant had been assigned to the bank. The eighth defendant applied for an order setting aside the claim form and a declaration that the English court lacked jurisdiction. The Commercial Court held that the bank had failed to show that the eight defendant was a necessary and proper defendant to the claim. Further, England was not the proper forum. The application to set aside service and the declaration sought were granted.
The Bar Council will press for investment in justice at party conferences, the Chancellor’s Budget and Spending Review
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