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Practice – Service out of the jurisdiction. The first defendant sought to set aside permissions to serve out of the jurisdiction granted to the claimant and second defendant. The Commercial Court, in dismissing the application, held that there was a serious issue to be tried, and that there was, at least, a good arguable case in relation to its gateways in contract, tort, contribution and necessary or proper party. Further, English jurisdiction was clearly and distinctly appropriate.
Practice – Service out of the jurisdiction. The first defendant sought to set aside permissions to serve out of the jurisdiction granted to the claimant and second defendant. The Commercial Court, in dismissing the application, held that there was a serious issue to be tried, and that there was, at least, a good arguable case in relation to its gateways in contract, tort, contribution and necessary or proper party. Further, English jurisdiction was clearly and distinctly appropriate.
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