MICHAEL WILSON AND PARTNERS LIMITED v JOHN FORSTER EMMOTT AND OTHERS

The application was adjourned because the claim against the seventh defendant (SOCOL) was not sufficiently pleaded and it was not established that SOCOL was a necessary or proper party to the claim against the first to sixth defendants. The claimant was given liberty to restore the application after properly formulating the claim and after the outcome of the strike out application by the second to sixth defendants.

Parties: Claimant: Michael Wilson and Partners Limited; First Defendant: John Forster Emmott; Second Defendant: Second Defendant; Third Defendant: Third Defendant; Fourth Defendant: Fourth Defendant; Fifth Defendant: Fifth Defendant; Sixth Defendant: Sixth Defendant; Seventh Defendant: SOCOL (Seventh Defendant)
Jurisdiction: England and Wales
Judgment Date: 04 March 2022
Procedural Posture: Commercial Court Application / Without Notice Application for Permission to Serve Out of Jurisdiction
Outcome: Application adjourned
Legal Topics: Service Out of Jurisdiction, Fraudulent Conspiracy, Unjust Enrichment, Restitution, Costs Orders

Civil Procedure Service Out of Jurisdiction Fraudulent Conspiracy Unjust Enrichment Restitution Costs Orders

Case Brief

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Parties

Michael Wilson and Partners Limited

Claimant

John Forster Emmott

First Defendant

Second Defendant

Third Defendant

Fourth Defendant

Fifth Defendant

Sixth Defendant

SOCOL (Seventh Defendant)

Seventh Defendant

Procedural Posture

Commercial Court Application / Without Notice Application for Permission to Serve Out of Jurisdiction

Legal Issues

1 Whether permission should be granted to serve the seventh defendant out of the jurisdiction under Practice Direction 6B paragraph 3.1(3)
2 Whether the seventh defendant is a necessary or proper party to the claim against the first to sixth defendants
3 Whether a cause of action is sufficiently pleaded against the seventh defendant

Ratio Decidendi

Court Disposition

Application adjourned

Orders

Application for permission to serve out of jurisdiction on the seventh defendant is adjourned.
Liberty to the claimant to restore the application, but not before final determination of the strike out applications by the second to sixth defendants.