Abdulhamid Agel J Tanash v HH Sheikh Mohammed Bin Rashid Al Maktoum

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
Civil Procedure Intellectual Property State Immunity Jurisdiction Service of Process Copyright Infringement Breach of Confidence

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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

  1. 1 Whether the defendant is immune from jurisdiction under the State Immunity Act 1978
  2. 2 Whether the claim form was validly served on the defendant
  3. 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