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This judgment deals with the validity of service outside the jurisdiction. It provides an extremely useful round-up of the principles to be applied when making an application to validate service either by the alternative method (CPR 6.15) or dispensing with service (CPR 6.16). It also considers abuse of process issues in not pursuing a case expeditiously in which freezing orders had been granted as well as being in breach of undertakings given alongside a decision not to pursue the proceedings for a considerable period of time.
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The case of Societe General v Goldas  EWHC 667 (Comm) raises a number of considerations when seeking to effect valid service outside the jurisdiction:
Whether service of a claim form on defendants in Turkey and Dubai had been validly served and, if not, whether relief could be obtained by an order that service be validated either by an alternative method of service or by dispensing with service.
The claimant obtained freezing orders against the defendants (situated in Turkey and Dubai) and gave undertakings to serve the claim forms as soon as practicable. Service of the claim form on the defendants was attempted.
The claimant then took a commercial view to pursue insolvency proceedings against the defendants in Turkey and did not pursue the English proceedings for over eight years. In relation to the English proceedings:
Our Practice Note continues on to cover the following areas:
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Janna is a dispute resolution lawyer. She deals primarily with cross border issues and is active in the work being undertaken in relation to the implications of Brexit for Dispute Resolutions lawyers. Janna also heads up a LexisNexis costs team bringing together expertise from across the company to deal with the costs issues facing the profession.
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