- Service out of the jurisdiction—why orders may be set aside (Punjab National Bank (International) Ltd v Srinivasan and others)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute resolution analysis: The Chief Master set aside various orders for service sought by for the claimant on a without notice basis. In setting aside the orders, the Chief Master found the following, the orders had been obtained in breach of the bank’s duty of frankness; that the bank did not have a good arguable case for service out of the jurisdiction; that the bank had in any event failed to serve the pleadings in the form for which permission had been granted; and that service had not taken place within the period specified setting aside the previous orders had the effect that the claimant was prevented from bringing proceedings in England and Wales. The analysis below contains only the principle arguments put before the court. Written by Charles Joseph, barrister at Tanfield Chambers.
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