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Practice – Service out of the jurisdiction. The First Defendant, a Dubai company, sold two cargoes of oil to the claimant. The second and third defendant companies, which were established in Dubai and Sharjah respectively, claimed title to the oil. The claimant brought proceedings in the English court for a declaration that the first defendant had good title to the oil and had passed good title to it. The claimant was granted permission to serve the first to third defendants out of the jurisdiction. The third defendant applied to set aside that order, contending that the appropriate forum was Fujairah, where there were civil proceedings concerning the parties. The Commercial Court granted the application where, at the time of the permission application, Fujairah was clearly a more appropriate forum.
Practice – Service out of the jurisdiction. The First Defendant, a Dubai company, sold two cargoes of oil to the claimant. The second and third defendant companies, which were established in Dubai and Sharjah respectively, claimed title to the oil. The claimant brought proceedings in the English court for a declaration that the first defendant had good title to the oil and had passed good title to it. The claimant was granted permission to serve the first to third defendants out of the jurisdiction. The third defendant applied to set aside that order, contending that the appropriate forum was Fujairah, where there were civil proceedings concerning the parties. The Commercial Court granted the application where, at the time of the permission application, Fujairah was clearly a more appropriate forum.
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