Source: All England Reporter
Publisher Citation: [2005] All ER (D) 389 (Apr)
Neutral Citation: [2005] EWCA Civ 422
Court: Court of Appeal, Civil Division
Judge:

Potter, Buxton and Hooper LJJ

Representation 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.
Judgment Dates: 27 April 2005

Catchwords

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.

The Case

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.

Practice Areas

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