Tseitline v Mikhelson & Ors

Tseitline v Mikhelson & Ors

Mr Mikhelson was validly and effectively served with the claim form on 4 October 2014 because the process server left the documents with or near him and he acquired knowledge of their nature through his companions, satisfying the requirements for personal service.

Parties
Claimant: Alexandre Yakovlevich Tseitline; First Defendant: Leonid Victorovich Mikhelson; Second Defendant: SWGI Growth Fund (Cyprus) Ltd; Third Defendant: Eldon Ventures Ltd (in liquidation); Fourth Defendant: Intertrust Trustees (UK) Ltd
Jurisdiction
England and Wales
Judgment Date
28 October 2015
Procedural Posture
Commercial Claim / Ruling on Validity of Personal Service and Jurisdiction Challenge
Outcome
First ground of jurisdiction challenge fails; valid personal service effected.
Legal Topics
Personal Service, Jurisdiction, Service of Process, Forum Non Conveniens
Civil Procedure Personal Service Jurisdiction Service of Process Forum Non Conveniens

Case Brief

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Parties

Alexandre Yakovlevich Tseitline

Claimant

Leonid Victorovich Mikhelson

First Defendant

SWGI Growth Fund (Cyprus) Ltd

Second Defendant

Eldon Ventures Ltd (in liquidation)

Third Defendant

Intertrust Trustees (UK) Ltd

Fourth Defendant

Procedural Posture

Commercial Claim / Ruling on Validity of Personal Service and Jurisdiction Challenge

Legal Issues

  1. 1 Whether personal service was validly effected on Mr Mikhelson
  2. 2 Whether England is the appropriate forum for the claim
  3. 3 Whether errors in service should be waived or rectified

Ratio Decidendi

Mr Mikhelson was validly and effectively served with the claim form on 4 October 2014 because the process server left the documents with or near him and he acquired knowledge of their nature through his companions, satisfying the requirements for personal service.

Court Disposition

First ground of jurisdiction challenge fails; valid personal service effected.

Orders

  • Mr Mikhelson was validly served with the claim form on 4 October 2014.