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Claim form – Service. The claimant brought claims in England for hire and demobilisation charges said to be due under two charterparties. The second defendant Venezuelan company brought a Pt 20 claim against a third party, another Venezuelan company, contending, among other things, that if it were found to be liable in the main action, the third party was liable to indemnify it, under the terms of a services contract. The second defendant was granted permission to serve the third party outside the jurisdiction. The Commercial Court set aside service outside of the jurisdiction where there was no good arguable case that the third party was a necessary of proper party to the main claim. Further, it ruled that, under Venezuelan law, the services contract contained an exclusive jurisdiction agreement, which bound the second defendant and the third party to the jurisdiction of Venezuela.
Claim form – Service. The claimant brought claims in England for hire and demobilisation charges said to be due under two charterparties. The second defendant Venezuelan company brought a Pt 20 claim against a third party, another Venezuelan company, contending, among other things, that if it were found to be liable in the main action, the third party was liable to indemnify it, under the terms of a services contract. The second defendant was granted permission to serve the third party outside the jurisdiction. The Commercial Court set aside service outside of the jurisdiction where there was no good arguable case that the third party was a necessary of proper party to the main claim. Further, it ruled that, under Venezuelan law, the services contract contained an exclusive jurisdiction agreement, which bound the second defendant and the third party to the jurisdiction of Venezuela.
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