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Practice – Service out of the jurisdiction. The claimant was granted permission to serve its contractual claim against the defendant out of the jurisdiction. The defendant sought to set aside the order on the ground that it had never entered into any contracts with the claimant. The Commercial Court, in allowing the application, held that the claimant had failed to show the better argument that it had been a contracting party. Accordingly, the order for service out of the jurisdiction had to be set aside.
Practice – Service out of the jurisdiction. The claimant was granted permission to serve its contractual claim against the defendant out of the jurisdiction. The defendant sought to set aside the order on the ground that it had never entered into any contracts with the claimant. The Commercial Court, in allowing the application, held that the claimant had failed to show the better argument that it had been a contracting party. Accordingly, the order for service out of the jurisdiction had to be set aside.
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