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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.
Update from the Chair of the Bar
By Clement Cowley, Partner at The Penny Group
Modernising communication and collaboration at a leading Chancery set. A Zexi case study
How to build profile without compromising professional duties. By Naumaan Farooq, Co-Founder of Inked PR
Marie Law, Director of Toxicology at AlphaBiolabs, examines the role of cut-off levels, and the wider range of factors that must be considered when interpreting results for family court proceedings
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
A decade of reviews and research has disrupted accepted thinking in the search for causality. Suicides following abuse have overtaken domestic homicides. Is the law keeping up? Professor Susan Edwards KC (Hon) examines recent cases and the obstacles to successful prosecution
The case against judge-only justice – and why efficiency is not enough. By Professor Leslie Thomas KC
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Lauren Fullerton examines the how, what and why of setting up a second chambers base
