Moloobhoy & Anor v Kanani [2013] EWCA Civ 600 (23 April 2013)

Moloobhoy & Anor v Kanani [2013] EWCA Civ 600 (23 April 2013)

Where the court has directed that evidence for summary judgment be served in parallel with a jurisdiction challenge, and the defendant does not seek time to consider submission to the jurisdiction, it is proper to proceed to determine the summary judgment application immediately after the jurisdiction challenge is resolved.

Citation
[2013] EWCA Civ 600
Parties
Appellants/claimants: Moloobhoy & Anr; Respondent/defendant: Kanani
Jurisdiction
England and Wales
Judgment Date
23 April 2013
Procedural Posture
Civil Appeal / Appeal From Summary Judgment in the Commercial Court
Outcome
Appeal dismissed
Legal Topics
Jurisdiction, Summary Judgment, Service of Process, Partnership Disputes, Forum Non Conveniens
Civil Procedure Commercial Law Jurisdiction Summary Judgment Service of Process Partnership Disputes Forum Non Conveniens

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Parties

Moloobhoy & Anr

Appellants/claimants

Kanani

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment in the Commercial Court

Legal Issues

  1. 1 Whether the court was correct to grant summary judgment before permitting the defendant to file a further acknowledgment of service and defence after a failed jurisdiction challenge under CPR 11.
  2. 2 Whether the case was sufficiently 'rare' to justify immediate determination of the summary judgment application.

Ratio Decidendi

Where the court has directed that evidence for summary judgment be served in parallel with a jurisdiction challenge, and the defendant does not seek time to consider submission to the jurisdiction, it is proper to proceed to determine the summary judgment application immediately after the jurisdiction challenge is resolved.

Court Disposition

Appeal dismissed

Orders

  • Summary judgment for the claimants stands
  • No further time for the defendant to file a defence