||All England Reporter
|| All ER (D) 147 (Nov)
|| EWHC 2837 (Comm)
||Queen's Bench Division, Commercial Court
||John Lockey QC (instructed by Barlow Lyde & Gilber) for the claimant.
||Richard Jacobs QC (instructed by Covington and Burling LLP) for the defendants.
||1 November 2011
Practice - Service out of the jurisdiction - Alternate forum available - Personal injury claims related to ongoing litigation concerning defendant companies in United States - Instant proceedings concerning three excess layer policies transferred to claimant company - Permission granted to claimant by court to serve proceedings out of jurisdiction - Defendants seeking to have permission set aside - Whether England or US appropriate jurisdiction for hearing of claim - Whether permission to serve out of jurisdiction to be set aside - CPR PD 6B 3.1(6)(c).
Practice Service out of the jurisdiction. The Commercial Court, Queen's Bench Division, held that, on the evidence, England would be the more appropriate forum for the hearing of the claim, and it would not be appropriate to permit service out of the jurisdiction to Pennsylvania to be set aside in a matter regarding the interpretation of insurance policies in personal injury litigation.
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