Abdulhamid Agel J Tanash v HH Sheikh Mohammed Bin Rashid Al Maktoum
The defendant, Sheikh Mohammed, has not submitted to the jurisdiction by seeking a declaration of invalid service, is immune from jurisdiction under the State Immunity Act 1978, and has not been validly served as required by the Civil Procedure Rules. The claim form must be set aside as service was invalid and the...
Source-derived case information.
- Parties
- Claimant: Abdulhamid Agel J Tanash; Defendant: HH Sheikh Mohammed Bin Rashid Al Maktoum
- Jurisdiction
- England and Wales
- Judgment Date
- 16 January 2025
- Procedural Posture
- Civil / Preliminary Application—jurisdiction and Service
- Outcome
- Claim form set aside for lack of valid service and jurisdiction.
- Legal Topics
- State Immunity, Jurisdiction, Service of Process, Copyright Infringement, Breach of Confidence
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdulhamid Agel J Tanash
Claimant
HH Sheikh Mohammed Bin Rashid Al Maktoum
Defendant
Procedural Posture
Civil / Preliminary Application—jurisdiction and Service
Legal Issues
- 1 Whether the defendant is immune from jurisdiction under the State Immunity Act 1978
- 2 Whether the claim form was validly served on the defendant
- 3 Whether seeking a declaration of invalid service constitutes submission to jurisdiction
Ratio Decidendi
The defendant, Sheikh Mohammed, has not submitted to the jurisdiction by seeking a declaration of invalid service, is immune from jurisdiction under the State Immunity Act 1978, and has not been validly served as required by the Civil Procedure Rules. The claim form must be set aside as service was invalid and the time for service has expired.
Court Disposition
Claim form set aside for lack of valid service and jurisdiction.
Orders
- Declaration that the claim form was not validly served on the defendant
- Claim form set aside
Full Case Text
Judgment text and source record
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