Global 5000 Ltd v Wadhawan [2012] EWCA Civ 13 (19 January 2012)

Global 5000 Ltd v Wadhawan [2012] EWCA Civ 13 (19 January 2012)

There is no serious issue to be tried as to the existence of a contract of guarantee binding on Mr Wadhawan; the letter relied upon does not, objectively construed, amount to an offer of a guarantee. The claim is made in respect of the alleged guarantee, not the PSA, and thus fails to satisfy the jurisdictional gateway for service out of the jurisdiction under CPR PD 6B para 3.1(6)(c).

Citation
[2012] EWCA Civ 13
Parties
Appellant / Claimant: Global 5000 Limited; Respondent / Defendant: Mr Sarang Wadhawan
Jurisdiction
England and Wales
Judgment Date
19 January 2012
Procedural Posture
Civil Appeal / Appeal From Queen's Bench Division, Commercial Court
Outcome
Appeal dismissed
Legal Topics
Jurisdiction, Service Out of Jurisdiction, Guarantee Contracts, Summary Judgment, Interpretation of CPR PD 6 B Para 3.1(6)(c)
Civil Procedure Contract Law Private International Law Jurisdiction Service Out of Jurisdiction Guarantee Contracts Summary Judgment Interpretation of CPR PD 6 B Para 3.1(6)(c)

Case Brief

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Parties

Global 5000 Limited

Appellant / Claimant

Mr Sarang Wadhawan

Respondent / Defendant

Procedural Posture

Civil Appeal / Appeal From Queen's Bench Division, Commercial Court

Legal Issues

  1. 1 Whether there is a serious issue to be tried as to the existence of a contract of guarantee binding on Mr Wadhawan
  2. 2 Whether the claim can be brought in respect of the PSA (to which Mr Wadhawan is not a party) for the purposes of CPR PD 6B para 3.1(6)(c)

Ratio Decidendi

There is no serious issue to be tried as to the existence of a contract of guarantee binding on Mr Wadhawan; the letter relied upon does not, objectively construed, amount to an offer of a guarantee. The claim is made in respect of the alleged guarantee, not the PSA, and thus fails to satisfy the jurisdictional gateway for service out of the jurisdiction under CPR PD 6B para 3.1(6)(c).

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no order as to further proceedings.