Qatar National Bank (QPSC) v Government of Eritrea & Anor

Qatar National Bank (QPSC) v Government of Eritrea & Anor

The court has power to dispense with service of the Claim Form against a foreign state under CPR 6.16 where exceptional circumstances exist, such as deliberate frustration of service by the foreign state. The Claimant took all reasonable steps to effect service, and the Defendants were aware of the proceedings. The Claimant is entitled to summary judgment as the Defendants have no real prospect of defending the claim.

Parties
Claimant: Qatar National Bank (Q. P. S. C); Defendant: Government of Eritrea; Defendant: State of Eritrea
Jurisdiction
England and Wales
Judgment Date
27 June 2019
Procedural Posture
Commercial Loan Recovery / Summary Judgment Application
Outcome
Summary judgment granted for the Claimant; service of Claim Form dispensed with due to exceptional circumstances.
Legal Topics
State Immunity, Service of Process, Summary Judgment, Jurisdiction Clauses, Enforcement of Foreign Judgments
Civil Procedure International Law Commercial Law State Immunity Service of Process Summary Judgment Jurisdiction Clauses Enforcement of Foreign Judgments

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Parties

Qatar National Bank (Q. P. S. C)

Claimant

Government of Eritrea

Defendant

State of Eritrea

Defendant

Procedural Posture

Commercial Loan Recovery / Summary Judgment Application

Legal Issues

  1. 1 Whether the court has power to dispense with service of the Claim Form against a foreign state under CPR 6.16 and SIA 1978
  2. 2 Whether exceptional circumstances exist to justify dispensing with service
  3. 3 Whether the claimant is entitled to summary judgment in the absence of acknowledgment of service

Ratio Decidendi

The court has power to dispense with service of the Claim Form against a foreign state under CPR 6.16 where exceptional circumstances exist, such as deliberate frustration of service by the foreign state. The Claimant took all reasonable steps to effect service, and the Defendants were aware of the proceedings. The Claimant is entitled to summary judgment as the Defendants have no real prospect of defending the claim.

Court Disposition

Summary judgment granted for the Claimant; service of Claim Form dispensed with due to exceptional circumstances.

Orders

  • Service of the Claim Form is dispensed with under CPR 6.16.
  • Summary judgment granted in favour of the Claimant for US$251,963,288.14.