| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 206 (May) |
| Court: | Queen's Bench Division, Commercial Court |
| Judge: | Colman J |
| Representation | Gordon Pollock QC, Lawrence Rabinowitz and Philippa Hopkins (instructed by Coudert Bros) for the claimants. |
| Lord Goldsmith QC, David Joseph and Nathan Pillow (instructed by Ince & Co) for the sixth defendants. | |
| Ian Glick QC and Kenneth MacLean (instructed by Cadwaladers) for the first defendant. | |
| Julian Flaux QC and Robert Miles (instructed by Herbert Smith) for the second to fifth defendants. | |
| Judgment Dates: | 16 May 2001 |
Catchwords
Practice - Service out of the jurisdiction - Action for rescission - Permission to serve out of jurisdiction - Test for grant of permission - Whether test equivalent to test for striking out of claim - CPR 3.4.2, 24.2, 6.20.
The Case
The merits threshold test under CPR 6.20 did not differ in substance from that under CPR 24.2. There was no doubt that, according to the present state of development of English law, the general principle was that a misrepresentee was permitted to rescind the whole of a contract but not part of it.
Practice Areas
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