Source: All England Reporter
Publisher Citation: [2012] All ER (D) 147 (Jun)
Neutral Citation: [2012] EWCA Civ 808
Court: Court of Appeal, Civil Division
Judge:

Lloyd, Rimer and Aikens LJJ
Representation Clive Freedman QC, Richard Snowden QC, Paul McGrath QC, Andrew Burrows QC (Hon), Iain Pester, David Davies and David Peters (instructed by PCB Litigation LLP) for the claimant.
  Nigel Jones QC and David Lewis (instructed by Kearns & Co) for the first defendant.
  Michael Lazarus and Christopher Burdin (instructed by SJ Berwin LLP) for the second defendant.
  The third defendant was not represented and did not appear.
  Ian Milligan QC, Cyril Kinsky QC and James McClelland (instructed by SJ Berwin LLP) for the fourth defendant.
Judgment Dates: 20 June 2012

Catchwords

Practice - Service out of the jurisdiction - Action for fraudulent misrepresentation - Amendment - Statement of claim - Claimant loaning funds to Russian company (RAP) to purchase company from first defendant - RAP defaulting on loan - Claimant alleging fraudulent misrepresentation by defendants - Claimant being granted permission to serve claim out of jurisdiction - Judge setting order aside - Claimant applying for permission to amend claim to include contract claim - Judge refusing permission - Claimant appealing - Whether judge erring - Whether good arguable case existing - , .

The Case

Practice Service out of the jurisdiction. The Court of Appeal Civil Division dismissed the claimant's appeal against the judge's decision to refuse permission to amend the claim and to set aside the decision of a master that the case fell within the jurisdiction of the English courts.

Practice Areas

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