Noble Caledonia Ltd v Air Niugini Ltd [2017] EWHC 1095 (QB) (12 May 2017)

Noble Caledonia Ltd v Air Niugini Ltd [2017] EWHC 1095 (QB) (12 May 2017)

FDL's activities as general sales agent for ANG, including promotional work and ticket sales, were not sufficient to constitute ANG carrying on its own activities in the UK under CPR 6.9, as FDL lacked authority to bind ANG to contracts or terms without ANG's approval and was acting for multiple principals. Therefore, service on FDL was not valid service on ANG.

Citation
[2017] EWHC 1095 (QB)
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 not validly served; service set aside as a preliminary issue.
Legal Topics
Service of Process, Jurisdiction Over Foreign Companies, Agency Law
Civil Procedure Service of Process Jurisdiction Over Foreign Companies Agency Law

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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. 1 Whether service on Air Niugini Limited was validly effected under CPR 6.9 by serving Flight Directors Scheduled Services Limited as its agent in the UK

Ratio Decidendi

FDL's activities as general sales agent for ANG, including promotional work and ticket sales, were not sufficient to constitute ANG carrying on its own activities in the UK under CPR 6.9, as FDL lacked authority to bind ANG to contracts or terms without ANG's approval and was acting for multiple principals. Therefore, service on FDL was not valid service on ANG.

Court Disposition

Claim not validly served; service set aside as a preliminary issue.

Orders

  • Proceedings not properly served on Air Niugini Limited.
  • If ANG is to be served, it must be served out of the jurisdiction.