||All England Reporter
|| All ER (D) 389 (Apr)
|| EWCA Civ 422
||Court of Appeal, Civil Division
Potter, Buxton and Hooper LJJ
||Antonio Bueno QC (instructed by Hamilton Downing Quinn) for the claimant.
||Angus Glennie QC and Antony Thompson SC (instructed by Thomas Cooper & Stibbard) for the defendant.
||27 April 2005
Practice and procedure - Service of process - Service out of the jurisdiction - Claim in relation to contract - Letter of credit - English beneficiary and Indonesian bank - CPR 6.20.
Where a defendant bank had contended that a letter of credit was governed by Indonesian law, not English law, the judge's approach to look at how the contract was intended by its terms to operate at the time it was made, rather than to look at what had occurred, had been correct. The letter of credit had been opened in London and contemplated payment of the beneficiary in sterling by a London advising bank.
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