Noble Caledonia Ltd v Air Niugini Ltd [2017] EWHC 1095 (QB) (12 May 2017)
FDL acted as an independent general sales agent for Air Niugini, with limited authority, paid by commission, and not as Air Niugini's place of business or carrying on its activities in the UK; therefore, service on FDL was not valid service on Air Niugini under CPR 6.9.
- Citation
- [2017] EWHC 1095
- Parties
- Claimant: Noble Caledonia Limited; Defendant: Air Niugini Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 12 May 2017
- Procedural Posture
- Civil / Preliminary Issue on Service of Process
- Outcome
- Claim struck out for improper service; service not validly effected on defendant within jurisdiction.
- Legal Topics
- Service of Process, Jurisdiction Over Foreign Companies, Agency Law
Case Brief
Summary, issues, holding and outcome
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Parties
Noble Caledonia Limited
Claimant
Air Niugini Limited
Defendant
Procedural Posture
Civil / Preliminary Issue on Service of Process
Legal Issues
- 1 Whether service on Air Niugini Limited was validly effected under CPR 6.9 by serving its general sales agent, Flight Directors Scheduled Services Limited, in the UK
Ratio Decidendi
FDL acted as an independent general sales agent for Air Niugini, with limited authority, paid by commission, and not as Air Niugini's place of business or carrying on its activities in the UK; therefore, service on FDL was not valid service on Air Niugini under CPR 6.9.
Court Disposition
Claim struck out for improper service; service not validly effected on defendant within jurisdiction.
Orders
- Proceedings not properly served on Air Niugini Limited; if service is to be effected, it must be out of the jurisdiction.
Full Case Text
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