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Insight into issues with service abroad (Surrey (UK) Ltd v Mazandaran Wood & Paper Industries)

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Published on: 10 October 2014

Published by a LexisNexis Dispute Resolution expert

Table of contents

Practical implications
Issues to consider when determining whether a party has title to sue
Was the contract made in the jurisdiction?
Were the contracts governed by English law?
Was England the forum conveniens for this dispute?
The need for full and frank disclosure
Court details

Article summary

Dispute Resolution analysis: in setting aside an order for service out of the jurisdiction, Eder J in the Commercial Court provides an insight into issues which practitioners should consider not only when making the initial application for permission to serve out but also what evidence should be available to the court to substantiate the contention that the English court has jurisdiction. Key aspects considered were whether there was in fact a contract between the parties as alleged by the claimant, the duty of full and frank disclosure, the close connection between the country and the dispute and displacing a presumption of jurisdiction.

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