Tulip Trading Limited v Roger Ver

Tulip Trading Limited v Roger Ver

There is no basis to defer judgment or to find a serious issue to be tried solely because permission to appeal has been granted. The application to set aside the order granting permission to serve Roger Ver out of the jurisdiction is granted, following the court's previous decision and in the absence of any material distinction between Mr Ver and the other defendants.

Parties
Claimant/respondent: Tulip Trading Limited; Defendant/applicant: Roger Ver
Jurisdiction
England and Wales
Judgment Date
09 November 2022
Procedural Posture
Civil (jurisdiction Challenge) / Application to Set Aside Order Granting Permission to Serve Out of Jurisdiction
Outcome
Application granted
Legal Topics
Service Out of Jurisdiction, Permission to Appeal, Costs, Case Management
Civil Procedure Jurisdiction Service Out of Jurisdiction Permission to Appeal Costs Case Management

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Parties

Tulip Trading Limited

Claimant/respondent

Roger Ver

Defendant/applicant

Procedural Posture

Civil (jurisdiction Challenge) / Application to Set Aside Order Granting Permission to Serve Out of Jurisdiction

Legal Issues

  1. 1 Whether to set aside the order granting permission to serve Roger Ver out of the jurisdiction
  2. 2 Whether to defer judgment pending related appeals
  3. 3 Whether there is a serious issue to be tried given permission to appeal has been granted

Ratio Decidendi

There is no basis to defer judgment or to find a serious issue to be tried solely because permission to appeal has been granted. The application to set aside the order granting permission to serve Roger Ver out of the jurisdiction is granted, following the court's previous decision and in the absence of any material distinction between Mr Ver and the other defendants.

Court Disposition

Application granted

Orders

  • Order granting permission to serve Roger Ver out of the jurisdiction set aside
  • Roger Ver awarded costs of the claim and the application, subject to detailed assessment