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Practice – Service out of the jurisdiction. The claimant bank, which was incorporated in England, brought claims in England, seeking to recover funds loaned to the first defendant Kuwaiti company, pursuant to an Islamic finance agreement. The bank further brought claims against the second and third defendants, the general manager and alleged chief executive officer of the first defendant. The Commercial Court dismissed the second and third defendants' application challenging the jurisdiction of the English Court and a grant of permission to the bank for service out of the jurisdiction. Applying settled law, England was the appropriate forum for the trial of the bank's claims against the second and third defendants. On the facts, the bank had a good arguable case that its claim against the second and third defendants fell within CPR PD 6B, para 3.1(3).
Practice – Service out of the jurisdiction. The claimant bank, which was incorporated in England, brought claims in England, seeking to recover funds loaned to the first defendant Kuwaiti company, pursuant to an Islamic finance agreement. The bank further brought claims against the second and third defendants, the general manager and alleged chief executive officer of the first defendant. The Commercial Court dismissed the second and third defendants' application challenging the jurisdiction of the English Court and a grant of permission to the bank for service out of the jurisdiction. Applying settled law, England was the appropriate forum for the trial of the bank's claims against the second and third defendants. On the facts, the bank had a good arguable case that its claim against the second and third defendants fell within CPR PD 6B, para 3.1(3).
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