BVC v EWF

BVC v EWF

The court found it had jurisdiction under the Lugano Convention as the claimant had a good arguable case that his centre of interests was in England and Wales, or alternatively that a real and substantial tort occurred there. Service by email was retrospectively regularised due to the urgency and risk of dissipation of private information, and the defendant was granted relief from sanctions and an extension of time to challenge jurisdiction. The defendant's application to set aside service and discharge the injunction was dismissed.

Parties
Claimant: BVC; Defendant: EWF
Jurisdiction
England and Wales
Judgment Date
12 October 2018
Procedural Posture
Civil / Interlocutory Application to Set Aside Service and Discharge Interim Injunction
Outcome
Defendant's application dismissed; relief from sanctions and extension of time granted
Legal Topics
Jurisdiction, Service Out of Jurisdiction, Misuse of Private Information, Harassment, Interim Injunctions, Relief From Sanctions
Civil Procedure Private International Law Tort Jurisdiction Service Out of Jurisdiction Misuse of Private Information Harassment Interim Injunctions +1 more

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Parties

BVC

Claimant

EWF

Defendant

Procedural Posture

Civil / Interlocutory Application to Set Aside Service and Discharge Interim Injunction

Legal Issues

  1. 1 Whether the English court has jurisdiction over the claim against a defendant domiciled in Switzerland under the Lugano Convention
  2. 2 Whether service of the claim form by email on the defendant in Switzerland was valid or should be regularised
  3. 3 Whether the defendant should be granted relief from sanctions and extension of time to challenge jurisdiction

Ratio Decidendi

The court found it had jurisdiction under the Lugano Convention as the claimant had a good arguable case that his centre of interests was in England and Wales, or alternatively that a real and substantial tort occurred there. Service by email was retrospectively regularised due to the urgency and risk of dissipation of private information, and the defendant was granted relief from sanctions and an extension of time to challenge jurisdiction. The defendant's application to set aside service and discharge the injunction was dismissed.

Court Disposition

Defendant's application dismissed; relief from sanctions and extension of time granted

Orders

  • Defendant granted relief from sanctions and extension of time to challenge jurisdiction
  • Service of claim form and orders by email on 27 June 2018 regularised as good service