Abela & Ors v Baadarani [2011] EWCA Civ 1571 (15 December 2011)

Abela & Ors v Baadarani [2011] EWCA Civ 1571 (15 December 2011)

Service of the claim form on Mr Baadarani's Lebanese lawyer was not valid under Lebanese law, and the judge was wrong to retrospectively validate it as good service. Extensions of time for service were not justified as they served only to preserve a stale claim. The appeal is allowed and the action dismissed.

Source-derived case information.

Citation
[2011] EWCA Civ 1571
Parties
Respondent/claimant: Albert John Martin Abela; Respondent/claimant: Albert J. M. Abela SRL; Respondent/claimant: Albert J. M. Abela Catering and Interactive Systems; Appellant/defendant: Ahmad Baadarani
Jurisdiction
England and Wales
Judgment Date
15 December 2011
Procedural Posture
Appeal / Court of Appeal (civil Division)
Outcome
Appeal allowed; action dismissed.
Legal Topics
Service Out of Jurisdiction, Alternative Service, Jurisdiction Agreements, Limitation Periods
Civil Procedure Private International Law Service Out of Jurisdiction Alternative Service Jurisdiction Agreements Limitation Periods

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Parties

Albert John Martin Abela

Respondent/claimant

Albert J. M. Abela SRL

Respondent/claimant

Albert J. M. Abela Catering and Interactive Systems

Respondent/claimant

Ahmad Baadarani

Appellant/defendant

Procedural Posture

Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether service of claim form on Mr Baadarani's Lebanese lawyer constituted good service under English and Lebanese law
  2. 2 Whether extensions of time for service of claim form were properly granted
  3. 3 Whether England is the proper forum for the proceedings

Ratio Decidendi

Service of the claim form on Mr Baadarani's Lebanese lawyer was not valid under Lebanese law, and the judge was wrong to retrospectively validate it as good service. Extensions of time for service were not justified as they served only to preserve a stale claim. The appeal is allowed and the action dismissed.

Court Disposition

Appeal allowed; action dismissed.

Orders

  • Order of Sir Edward Evans-Lombe declaring service on Mr Azoury as good service set aside.
  • Action against Mr Baadarani dismissed.