SSL International Plc & Anor v TTK LIG Ltd & Ors (Rev 1) [2011] EWCA Civ 1170 (19 October 2011)

SSL International Plc & Anor v TTK LIG Ltd & Ors (Rev 1) [2011] EWCA Civ 1170 (19 October 2011)

CPR Part 6.5(3)(b) does not permit service on a foreign company not carrying on business within the jurisdiction; TTK LIG Limited was not carrying on business in England at the time of service; service was invalid; there was no waiver of the defect; and there was insufficient evidence to establish incorporation of English law and jurisdiction clauses into the contracts. The claimants were not entitled to default judgment or injunctive relief.

Citation
[2011] EWCA Civ 1170
Parties
Claimant/appellant: SSL International PLC; Claimant/appellant: LRC Products Limited; Defendant/respondent: TTK LIG Limited; Defendant/respondent: T R Venkatesh; Defendant/respondent: TT Jagannathan; Defendant/respondent: TT Raghunathan; Defendant/respondent: Dr Latha Jagannathan; Defendant/respondent: Bhanu Raghunathan; Defendant/respondent: H T Rajan; Defendant/respondent: Girish Rao
Jurisdiction
England and Wales
Judgment Date
19 October 2011
Procedural Posture
Appeal (civil) / Court of Appeal Judgment Following Appeals From High Court (chancery Division) Orders Refusing Injunctive Relief and Default Judgment
Outcome
Appeals dismissed
Legal Topics
Service of Process, Jurisdiction Over Foreign Corporations, Injunctions, Specific Performance, Contract Formation, Choice of Law, Forum Non Conveniens
Civil Procedure Contract Law Private International Law Service of Process Jurisdiction Over Foreign Corporations Injunctions Specific Performance Contract Formation +2 more

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Parties

SSL International PLC

Claimant/appellant

LRC Products Limited

Claimant/appellant

TTK LIG Limited

Defendant/respondent

T R Venkatesh

Defendant/respondent

TT Jagannathan

Defendant/respondent

TT Raghunathan

Defendant/respondent

Dr Latha Jagannathan

Defendant/respondent

Bhanu Raghunathan

Defendant/respondent

H T Rajan

Defendant/respondent

Girish Rao

Defendant/respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment Following Appeals From High Court (chancery Division) Orders Refusing Injunctive Relief and Default Judgment

Legal Issues

  1. 1 Whether CPR Part 6.5(3)(b) permits service on a foreign company not carrying on business within the jurisdiction
  2. 2 Whether TTK LIG Limited was carrying on business within the jurisdiction at the time of service
  3. 3 Whether any defect in service was waived by the defendants

Ratio Decidendi

CPR Part 6.5(3)(b) does not permit service on a foreign company not carrying on business within the jurisdiction; TTK LIG Limited was not carrying on business in England at the time of service; service was invalid; there was no waiver of the defect; and there was insufficient evidence to establish incorporation of English law and jurisdiction clauses into the contracts. The claimants were not entitled to default judgment or injunctive relief.

Court Disposition

Appeals dismissed

Orders

  • Appeal against the order of Peter Smith J dismissed
  • Appeal against the order of Mann J dismissed