BVC v EWF [2018] EWHC 2674 (QB) (12 October 2018)

BVC v EWF [2018] EWHC 2674 (QB) (12 October 2018)

The court held that it had jurisdiction under the Lugano Convention because the Claimant had a good arguable case that his centre of interests was in England and Wales, and alternatively that a real and substantial tort occurred in the jurisdiction. Service by email out of the jurisdiction was regularised as good service due to the exceptional urgency and risk of dissipation of private information. Relief from sanctions and extension of time were granted to the Defendant due to immaterial delay and interests of justice.

Citation
[2018] EWHC 2674
Parties
Claimant: BVC; Defendant: EWF
Jurisdiction
England and Wales
Judgment Date
12 October 2018
Procedural Posture
Civil (queen's Bench Division) / 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 Under Lugano Convention, Service Out of Jurisdiction, Misuse of Private Information, Harassment, Interim Injunctions, Alternative Service, Relief From Sanctions
Civil Procedure Private International Law Privacy Law Jurisdiction Under Lugano Convention Service Out of Jurisdiction Misuse of Private Information Harassment Interim Injunctions +2 more

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Parties

BVC

Claimant

EWF

Defendant

Procedural Posture

Civil (queen's Bench Division) / Interlocutory Application to Set Aside Service and Discharge Interim Injunction

Legal Issues

  1. 1 Whether the English court has jurisdiction over the claim under the Lugano Convention
  2. 2 Whether service of the claim form by email out of the jurisdiction was valid or should be regularised
  3. 3 Whether relief from sanctions and extension of time should be granted to the Defendant

Ratio Decidendi

The court held that it had jurisdiction under the Lugano Convention because the Claimant had a good arguable case that his centre of interests was in England and Wales, and alternatively that a real and substantial tort occurred in the jurisdiction. Service by email out of the jurisdiction was regularised as good service due to the exceptional urgency and risk of dissipation of private information. Relief from sanctions and extension of time were granted to the Defendant due to immaterial delay and interests of justice.

Court Disposition

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

Orders

  • Relief from sanctions and extension of time to challenge jurisdiction granted to Defendant.
  • Defendant's application to set aside service and discharge interim injunction dismissed.