Fox v Steve Fellows Road Haulage Services Ltd & Ors [2026] EWHC 1054 (KB) (06 May 2026)

Fox v Steve Fellows Road Haulage Services Ltd & Ors [2026] EWHC 1054 (KB) (06 May 2026)

The claimant's claims against D2 and D3 have a real prospect of success under Spanish law, and the requirements for service out of jurisdiction are met. England is the appropriate forum for both the main and Part 20 claims due to the risk of inconsistent judgments, the connection to the English anchor defendant, and...

Source-derived case information.

Citation
[2026] EWHC 1054 (KB)
Parties
Claimant: Mr James Fox; First Defendant: Steve Fellows Road Haulage Services Limited; Second Defendant: Francisco Manuel Museros López; Third Defendant: AXA Seguros Generales, S. A. de Seguros y Reaseguros
Jurisdiction
England and Wales
Judgment Date
06 May 2026
Procedural Posture
Personal Injury / Employer's Liability / Cross Jurisdictional Tort / Interlocutory Applications: Challenge to Jurisdiction and Permission to Serve Out of Jurisdiction
Outcome
Applications by D2 and D3 to set aside service out of jurisdiction dismissed; D1 granted permission to serve Part 20 claim out of jurisdiction.
Legal Topics
Jurisdiction, Forum Non Conveniens, Applicable Law (rome Ii), Employer's Liability, Direct Action Against Insurer, Contribution and Indemnity, Service Out of Jurisdiction, Limitation Periods
Private International Law Tort Law Employment Law Insurance Law Civil Procedure Jurisdiction Forum Non Conveniens Applicable Law (rome Ii) +5 more

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Summary, issues, holding and outcome

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Parties

Mr James Fox

Claimant

Steve Fellows Road Haulage Services Limited

First Defendant

Francisco Manuel Museros López

Second Defendant

AXA Seguros Generales, S. A. de Seguros y Reaseguros

Third Defendant

Procedural Posture

Personal Injury / Employer's Liability / Cross Jurisdictional Tort / Interlocutory Applications: Challenge to Jurisdiction and Permission to Serve Out of Jurisdiction

Legal Issues

  1. 1 Whether the claimant's claim against the Spanish defendants (D2 and D3) has a real prospect of success under Spanish law
  2. 2 Whether England is the appropriate forum for the claim and Part 20 claim
  3. 3 Whether D1's Part 20 claim for contribution/indemnity against D2 and D3 has a real prospect of success and is properly brought in England

Ratio Decidendi

The claimant's claims against D2 and D3 have a real prospect of success under Spanish law, and the requirements for service out of jurisdiction are met. England is the appropriate forum for both the main and Part 20 claims due to the risk of inconsistent judgments, the connection to the English anchor defendant, and the fact that significant damage was sustained in England. The applications by D2 and D3 to set aside service are dismissed, and D1 is granted permission to serve its Part 20 claim out of jurisdiction.

Court Disposition

Applications by D2 and D3 to set aside service out of jurisdiction dismissed; D1 granted permission to serve Part 20 claim out of jurisdiction.

Orders

  • Claimant permitted to serve D2 and D3 out of jurisdiction; service stands.
  • D1 permitted to serve Part 20 claim and accompanying documents on D2 and D3 out of jurisdiction.