James Fox v Steve Fellows Road Haulage Services Limited & Ors

James Fox v Steve Fellows Road Haulage Services Limited & Ors

The English court refused to set aside service out of the jurisdiction on the Second and Third Defendants and granted permission for the First Defendant to serve its Part 20 claim out of the jurisdiction. The court found there was a serious issue to be tried against the Spanish Defendants, England was clearly the appropriate forum given the risk of inconsistent judgments, the overlap of issues, and the interests of justice, and the claims should be tried together in England.

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 / Jurisdictional Challenge / Interlocutory Applications: Challenge to Service Out of Jurisdiction and Permission to Serve Part 20 Claim Out of Jurisdiction
Outcome
D2/D3 application to set aside service refused; D1 application for permission to serve Part 20 claim out of jurisdiction granted.
Legal Topics
Jurisdiction, Forum Non Conveniens, Service Out of Jurisdiction, Contribution Claims, Applicable Law, Employer's Liability, Tort
Private International Law Personal Injury Civil Procedure Jurisdiction Forum Non Conveniens Service Out of Jurisdiction Contribution Claims Applicable Law +2 more

Case Brief

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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 / Jurisdictional Challenge / Interlocutory Applications: Challenge to Service Out of Jurisdiction and Permission to Serve Part 20 Claim Out of Jurisdiction

Legal Issues

  1. 1 Whether the English court has jurisdiction over the Second and Third Defendants (domiciled in Spain) for a workplace accident occurring in Spain
  2. 2 Whether the Claimant's and First Defendant's claims against the Second and Third Defendants have a real prospect of success
  3. 3 Whether England is the appropriate forum for the trial of the claims

Ratio Decidendi

The English court refused to set aside service out of the jurisdiction on the Second and Third Defendants and granted permission for the First Defendant to serve its Part 20 claim out of the jurisdiction. The court found there was a serious issue to be tried against the Spanish Defendants, England was clearly the appropriate forum given the risk of inconsistent judgments, the overlap of issues, and the interests of justice, and the claims should be tried together in England.

Court Disposition

D2/D3 application to set aside service refused; D1 application for permission to serve Part 20 claim out of jurisdiction granted.

Orders

  • Refusal of Second and Third Defendants' application to set aside service out of jurisdiction.
  • Grant of permission to First Defendant to serve Part 20 claim and accompanying documents on Second and Third Defendants out of the jurisdiction.