||All England Reporter
|| All ER (D) 02 (Aug)
|| EWCA Civ 849
||Court of Appeal, Civil Division
Waller, Moore-Bick LJJ and Sir John Chadwick
||Geoffrey Vos QC, David Foxton QC, David Lord QC and James Weale (instructed by Dechert LLP) for the claimant.
||Ali Malek QC, Joe Smouha QC and Christopher Harris (instructed by Bryan Cave) for the defendant.
||31 July 2009
Claim form - Service - Service out of the jurisdiction - Application for permission to serve out of jurisdiction - Claimant having credible evidence of agreement containing English jurisdiction clause - Conflict of evidence as to whether agreement made - Whether if natural forum other than England court still able to find England the 'proper forum' - CPR 6.20, 6.21(1)(b).
Claim form Service. The Court of Appeal, Civil Division, referring to Spiliada Maritime Corpn v Cansulex Ltd reiterated that if a court had concluded in a leave to serve out case that the natural forum was other than England, it remained open to the court still to find England the 'proper forum'.
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