He has been instructed in several jurisdictional disputes raising issues relation to satisfaction of the criteria for permission to
serve out of the jurisdiction and forum conveniens.
Claimants have four months from the date of issue to serve the claim form (six months if
serving out of the jurisdiction).
In granting permission to
serve out of the jurisdiction the court was exercising an exorbitant jurisdiction over those who were not within its ordinary reach.
emphasises the difficulties a defendant faces in resisting an application for permission to
serve out of the jurisdiction in a personal injury case where the claimant is resident in this country and is suffering a continuing loss.
In the course of the last few weeks, the House of Lords has provided cheer to claimant personal injury practitioners on two occasions, and the High Court has made it clear that the threshold a claimant must pass in a personal injury case to obtain permission to
serve out of the jurisdiction is a relatively low one.
Cooley emphasises the difficulties a defendant faces in resisting an application for permission to
serve out of the jurisdiction in a personal injury case where the claimant is resident in this country and is suffering a continuing loss.
The claimant applied to the court and Master Price granted retrospective permission to
serve out of the jurisdiction.
CPR 3.10 can not be used to correct an error in service where proceedings have been purportedly
served out of the jurisdiction, but in a method which is not valid in the relevant jurisdiction.
Not exact matches
Permission was originally given to
serve the claim form
out of the
jurisdiction.
Permission to
serve a defendant
out of the
jurisdiction must be obtained from the Court, which will involve convincing the Court that the claim is a type which it has the power to decide; that the claim has a prospect
of succeeding; and that England and Wales is the appropriate forum to determine the claim.
It
served the claim form
out of the
jurisdiction on the defendants in Italy.
The claimant's attempts to
serve the defendant in London failed, and he therefore applied for permission to
serve the defendant
out of the
jurisdiction.
S - Net Freight (HK) Ltd v Namsung Shipping Co Ltd: application to set aside order granting leave to
serve writ
out of the
jurisdiction.
To stem this flow
of legal talent
out of private practice, the Law Society
of Upper Canada, which regulates Ontario's legal profession, has issued a number
of recommendations and started the following three major initiatives that LSUC hopes will
serve as a model for other
jurisdictions in Canada:
The firm operates
out of our headquarters in Johannesburg and four main regional offices, in Mauritius, Accra, Douala and Malabo — from here we
serve all
jurisdictions across the region.
Having obtained permission (ex parte) to
serve proceedings
out of the
jurisdiction, VTB sought permission to amend its particulars
of claim to include a contractual claim against the defendants.
The appeal before Mr Justice Briggs was from the decision
of Master Price, who had granted the claimant, the deceased's widower, retrospective permission to
serve a claim form under the Inheritance (Provision for Family and Dependants) Act 1975 (I (PFD) A 1975)
out of the
jurisdiction.
Previously
serving as the general counsel EMEAA for Gfk, Cannivé was responsible for a legal team located in four countries and mentions his involvement in the sale
of animal health and crop divisions as one
of the highlights
of his career: «One highlight was a complex MBO / carve
out transaction which involved Gfk entities in several
jurisdictions.
The Canadian Internet Policy and Public Interest Clinic (CIPPIC) recommended that the Privacy Commissioner
of Canada should set up such a data base, and that all breaches, however slight, should appear in it.26 This would
serve as an additional incentive for data holders to be prudent, to stay
out of the data base, and also provide a useful overview
of the state
of data security in the relevant
jurisdiction.