Source: All England Reporter
Publisher Citation: [2013] All ER (D) 60 (Jul)
Neutral Citation: [2013] EWCA Civ 785
Court: Court of Appeal, Civil Division
Judge:

Lord Dyson MR, Lord Justice Aikens and Lord Justice Elias

Representation Jonathan Adkin (instructed by Alfred James & Co Solicitors LLP, South Croydon) for the claimant.
  Guy Philipps QC (instructed by Berwin Leighton Paisner LLP) for the defendant.
Judgment Dates: 2 July 2013

Catchwords

Practice - Service out of jurisdiction - Claimant applying for permission to re-amend amended claim form and particulars of claim and to serve out of jurisdiction - Application being granted in part - Claimant appealing - Whether serious issue to be tried - Whether England clearly or distinctly appropriate forum.

The Case

Practice Service out of jurisdiction. The claimant had sought permission to amend his particulars of claim and to serve them out of the jurisdiction on the defendant bank. Of the three amendments that he had sought to make, two were refused and the third was allowed in part. The Court of Appeal, Civil Division, allowed his appeal in part. The third amendment would be allowed in its entirety and permission to serve out of the jurisdiction was granted. The two other amendments were not allowed as there was no serious issue to be tried.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.