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

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

The court had jurisdiction because the Claimant had a good arguable case that his centre of interests was in England and a real and substantial tort occurred in England; service by email out of the jurisdiction was regularised due to the exceptional urgency and risk to the Claimant's rights; relief from sanctions for late application was granted as the delay was immaterial and arose from misunderstanding of the rules.

Citation
[2018] EWHC 2674 (QB)
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 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 / Interlocutory Application to Set Aside Service and Discharge Interim Injunction

Legal Issues

  1. 1 Whether the English court has jurisdiction over the Defendant 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 the Defendant should be granted relief from sanctions for late application

Ratio Decidendi

The court had jurisdiction because the Claimant had a good arguable case that his centre of interests was in England and a real and substantial tort occurred in England; service by email out of the jurisdiction was regularised due to the exceptional urgency and risk to the Claimant's rights; relief from sanctions for late application was granted as the delay was immaterial and arose from misunderstanding of the rules.

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 apply.
  • Defendant's application to set aside service and discharge interim injunction dismissed.