Source:	All England Reporter
Publisher Citation:	[2001] All ER (D) 415 (Oct)
Court:	Commercial Court
Judge:	Moore-Bick J
Representation	Susan Prevezer QC and Paul McGrath (instructed by Kennedys) for the claimants.
	Lord Neill of Bladen QC and Nicholas Lavender (instructed by Howrey, Simon, Arnold & White) for the defendants.
Judgment Dates:	29 October 2001

Catchwords

Practice - Service out of the jurisdiction - Alternative forum available - Appropriate forum - Insurance contract made in England in respect of Jamaican power plant - Contract containing clause NMA 1483 in slip conditions - Insurers issuing proceedings in England - Insured applying to set aside service out of the jurisdiction - Whether cl NMA 1483 amounting to agreement to submit all disputes to Jamaica - Whether on facts insurers having submitted to Jamaican jurisdiction in other proceedings.

The Case

In an action brought by the claimant insurers, the defendant insured's application to set aside an order under CPR6.20(5) giving the claimants permission to serve out of the jurisdiction was allowed on the basis, inter alia, that the inclusion of clause NMA1483 in the slip conditions at least indicated agreement that the contract was to be subject to foreign law and jurisdiction.

Practice Areas

• Company Commercial
• Dispute Resolution
• Personal Injury

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