Harty v Sabre International Security Ltd & Anor [2011] EWHC 852 (QB) (05 April 2011)

Harty v Sabre International Security Ltd & Anor [2011] EWHC 852 (QB) (05 April 2011)

The Claimant was working for the First Defendant, a non-Iraqi company, which contracted with IRD and organised the convoy. The First Defendant enjoys immunity from suit in Iraq under CPA Order 17, making the English court the only available forum. The claim has reasonable prospects of success and passes the jurisdictional gateway. The Defendants' application to set aside service out of jurisdiction and for a declaration of no jurisdiction is dismissed.

Citation
[2011] EWHC 852 (QB)
Parties
Claimant: Anthony Harty; First Defendant: Sabre International Security Limited (formerly SIS Iraq Ltd); Second Defendant: Sabre International Security Limited
Jurisdiction
England and Wales
Judgment Date
05 April 2011
Procedural Posture
Application to Set Aside Ex Parte Order for Service Out of Jurisdiction and for Declaration of No Jurisdiction / High Court, Queen's Bench Division, Post Hearing Judgment
Outcome
Defendants' application dismissed; English court retains jurisdiction.
Legal Topics
Jurisdiction, Service Out of Jurisdiction, Forum Non Conveniens, Immunity From Suit, Personal Injury, Negligence, Conflict of Laws
Private International Law Tort Law Contract Law Jurisdiction Service Out of Jurisdiction Forum Non Conveniens Immunity From Suit Personal Injury +2 more

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Parties

Anthony Harty

Claimant

Sabre International Security Limited (formerly SIS Iraq Ltd)

First Defendant

Sabre International Security Limited

Second Defendant

Procedural Posture

Application to Set Aside Ex Parte Order for Service Out of Jurisdiction and for Declaration of No Jurisdiction / High Court, Queen's Bench Division, Post Hearing Judgment

Legal Issues

  1. 1 Whether the English court has jurisdiction over the claim for personal injury arising from an accident in Iraq
  2. 2 Whether the Defendants (or either of them) enjoy immunity from suit in Iraq under CPA Order 17
  3. 3 Whether England and Wales is the proper forum for the claim

Ratio Decidendi

The Claimant was working for the First Defendant, a non-Iraqi company, which contracted with IRD and organised the convoy. The First Defendant enjoys immunity from suit in Iraq under CPA Order 17, making the English court the only available forum. The claim has reasonable prospects of success and passes the jurisdictional gateway. The Defendants' application to set aside service out of jurisdiction and for a declaration of no jurisdiction is dismissed.

Court Disposition

Defendants' application dismissed; English court retains jurisdiction.

Orders

  • Order of Master Kay granting permission to serve out of jurisdiction upheld.
  • Declaration that the English court has jurisdiction over the claim.