Standard Bank Plc v EFAD Real Estate Company WLL and others

Standard Bank Plc v EFAD Real Estate Company WLL and others

Service out of the jurisdiction

This case of Standard Bank Plc v EFAD Real Estate Company [2014] All ER (D) 57 (Jun) heard on 6 June 2014 looked at the issue of service out of the jurisdiction.

 What was the background?

The claimant bank (the bank) loaned funds to the first defendant (EFAD RE), pursuant to an Islamic finance agreement (the agreement).

The second defendant was the general manager and sole authorized signatory of EFAD RE. The third defendant was allegedly the chief executive officer of EFAD RE. The second and third defendants were based in Kuwait.

The bank, which was incorporated in England, sought to recover, from the first defendant, the sums loaned. It brought claims against the first defendant for breach of contractual obligations relating to the provision of security and in tort for deceit and conspiracy. The first defendant did not challenge the jurisdiction of the English court.

An Islamic fi

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About the author:
Eleanor qualified in 1998 into the insolvency team at ASB law. She became a partner in 2005, and went on to head up the Recovery & Insolvency team. Whilst traditionally specialising mainly in contentious corporate insolvency matters, in recent years she has moved into the non contentious arena, in particular specialising in company administrations.