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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.
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Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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