Source: All England Reporter
Publisher Citation: [2011] All ER (D) 147 (Nov)
Neutral Citation: [2011] EWHC 2837 (Comm)
Court: Queen's Bench Division, Commercial Court
Judge:

Beatson J
Representation John Lockey QC (instructed by Barlow Lyde & Gilber) for the claimant.
  Richard Jacobs QC (instructed by Covington and Burling LLP) for the defendants.
Judgment Dates: 1 November 2011

Catchwords

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).

The Case

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.

Practice Areas

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